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Profile of a potential nominee: Amy Coney Barrett

President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. According to news reports, Judge Amy Coney Barrett, a judge on the Chicago-based U.S. Court of Appeals for the 7th Circuit, is on the shortlist of candidates whom the president is considering. Judge Amy Coney Barrett (University of Notre Dame) This is not the first time that Barrett’s name has been mentioned in connection with a possible Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, Obama, Colorado, Navy, California, Planned Parenthood, Washington, Senate, Virginia, Court, West Virginia, Indiana, Chicago

Academic highlight: Oldfather on the “Inconspicuous DHS” and celebrity culture on the modern court

Thirty years ago, President George H.W. Bush made the surprising choice to nominate the enigmatic David H. Souter to the Supreme Court. As Professor Chad Oldfather explains in a new article, “The Inconspicuous DHS: The Supreme Court, Celebrity Culture, and David H. Souter,” we are unlikely to see anyone like Souter ascend to the highest court in the land again. In large part, this is because Souter is perceived as having let down conservatives. “No more Souters!” has become a rallying cry of con...
Tags: Featured, Supreme Court, Law, Planned Parenthood, Washington, New Hampshire, Ruth Bader Ginsburg, Sherry, Southwest, Harvard Law School, Antonin Scalia, George H W Bush, U S Court of Appeals, Casey, Anthony Kennedy, Baum

"[Margaret] Sanger still has defenders who say the decision to repudiate her lacks historical nuance."

"Ellen Chesler, a senior fellow at the Roosevelt Institute, a think tank, and the author of a biography of Ms. Sanger and the birth control movement, said that while the country is undergoing vast social change and reconsidering prominent figures from the past, Ms. Sanger’s views have been misinterpreted. The eugenics movement had wide support at the time in both conservative and liberal circles, Ms. Chesler said, and Ms. Sanger was squarely in the latter camp. She rejected some eugenicists’ bel...
Tags: Law, Planned Parenthood, History, Brooklyn, Birth Control, Harlem, Eugenics, Brownsville, Roosevelt Institute, Margaret Sanger, Sadie, Sanger, Du Bois, Chesler, Ann Althouse, W.E.B. Du Bois

Kanye West is running for President as the candidate of "the Birthday Party," Elon Musk is advising him....

... and he's not for Trump anymore — "I am taking the red hat off, with this interview."Here's the interview — in Forbes. Other high points:... he’s ok with siphoning off Black votes from the Democratic nominee, thus helping Trump. “I’m not denying it, I just told you. To say that the Black vote is Democratic is a form of racism and white supremacy.”... he’s never voted in his life.... he was sick with Covid-19 in February.... he’s suspicious of a coronavirus vaccine, terming vaccines “the mark ...
Tags: Elon Musk, Law, Obama, Planned Parenthood, White House, China, Shoes, America, Joe Biden, Chicago, Kanye West, Wyoming, Satan, Bill Clinton, God, Vaccine

Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali

Thursday round-up

Court-watchers are focusing on Espinoza v. Montana Department of Revenue, in which the court held on Tuesday that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. At Reason’s Volokh Conspiracy blog, Ilya Somin finds it “unfortunate” that the decision was “a close 5-4 ruling, split along ideological lines with the five conservative justices in the majority, and the four liberals all dissenting,” because “[s]triking ...
Tags: Texas, Supreme Court, Law, California, Planned Parenthood, Washington Post, Montana, United States, ACS, Louisiana, Jackson, ACA, Economist, Round-up, Lech, National Review

Symposium: How to count to one

John Knepper is a private attorney based in Cheyenne, Wyoming. He previously was chief deputy attorney general of Wyoming. He filed an amicus brief on behalf of the Susan B. Anthony List in support of the respondent in June Medical Services v. Russo. Marks v. United States instructs that when a majority of the justices cannot agree on more than the outcome, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Mu...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, United States, Wyoming, Louisiana, Kafka, John Roberts, U S Court of Appeals, Casey, Stephen Breyer, Ramos, Clarence Thomas

Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana

Erika Bachiochi is a Fellow at the Ethics and Public Policy Center and a Senior Fellow at the Abigail Adams Institute. Follow her at @erikabachiochi. In comparison to the high court’s bombshell opinion in Bostock v. Clayton County earlier this month, June Medical Services v. Russo would seem relatively straightforward. The challenged admitting privileges requirement for Louisiana abortion providers is virtually the same as the law struck down in Whole Woman’s Health v. Hellerstedt just four year...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Court, Louisiana, Ruth Bader Ginsburg, Thomas, John Roberts, Richard Posner, Roberts, Alito, Clayton County, Casey

Symposium: Chief Justice Roberts reins in the cavalry of abortion providers charging toward the elimination of abortion regulation

Cynthia Yee-Wallace is deputy attorney general of the state of Idaho. She filed an amicus brief on behalf of the state in support of the respondent in June Medical Services v. Russo, along with Brian Kane, who is the assistant chief deputy attorney general for the state of Idaho. Abortion providers won the most recent skirmish invalidating Louisiana’s admitting privileges law in June Medical Services v. Russo. But a close read of Chief Justice John Roberts’ concurring opinion will likely opera...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Idaho, Alaska, Louisiana, U S Supreme Court, John Roberts, Roberts, Casey, Hellerstedt, Russo, Brian Kane, Medical Services

Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals

Unoriginal Joke (Part III): Living Constitutionalism and Social Progress

Charles Barzun In the last   Part   of this series, I suggested that the essential nugget at the heart of “living constitutionalism” is the idea that part of what grounds the constitution’s authority for us is its capacity to adapt (i.e., to respond appropriately) to changing circumstances. I called this the   adaptability claim. Different versions of living constitutionalism fill out the adaptability claim in different ways, for different reasons.     But in my view, one quite tra...
Tags: Supreme Court, Planned Parenthood, Germany, Court, Society, University Of Virginia, James Wilson, Branding, James, Wilson, Guest Blogger, Strauss, Holmes, Supreme Court Justice, Roe, Dewey

Texas abortion dispute reaches Supreme Court (Updated)

UPDATE: In an unsigned order on Monday night, the U.S. Court of Appeals for the 5th Circuit allowed medication abortions to go forward — the same relief that Planned Parenthood had sought in the Supreme Court — while litigation over the near-total ban on abortions in Texas continues. The ruling by the three-judge panel expressed “serious concerns” about whether the district court had sufficiently considered, for example, the “emergency public health measures” that prompted the executive order by...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Abbott, Greg Abbott, Ken Paxton, Howe, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, What's Happening Now, Emergency appeals and applications, Supreme Court Updated

Texas abortion dispute reaches Supreme Court

Telling the justices that “Texas has exploited the COVID-19 crisis as a pretext to target abortion,” Planned Parenthood and abortion providers in Texas filed an emergency appeal with the Supreme Court today. Planned Parenthood asked the justices to vacate a ruling by a federal appeals court and to allow “medication abortions” – that is, abortions induced by taking two pills by mouth – to go forward while it challenges a near-total ban on abortions in Texas. The dispute has its roots in a March...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Abbott, Greg Abbott, Ken Paxton, Howe, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, What's Happening Now, Emergency appeals and applications

Symposium: Will the Supreme Court legitimate pretext?

Aziza Ahmed is a professor of law at Northeastern University School of Law. She joined an amicus brief on behalf of reproductive justice scholars in support of the petitioners in June Medical Services v. Gee. When the Supreme Court decided Whole Woman’s Health v. Hellerstedt in 2016, pro-choice advocates let out a collective sigh of relief. In declaring two provisions of a Texas law unconstitutional – an admitting-privileges requirement for physicians providing abortions and a requirement that c...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Louisiana, Ruth Bader Ginsburg, The Supreme Court, Casey, GONZALES, Clarence Thomas, Carhart, Schimel, Hellerstedt, Stenberg

Symposium: As states seek to protect women, the court with June Medical Services has multiple ways to end abortion litigation free-for-all

Thomas M. Fisher is Solicitor General of the state of Indiana, which co-authored an amicus brief on behalf of the respondent in June Medical Services v. Gee. In June Medical Services v. Gee, the Supreme Court will likely clarify third-party-standing rules and potentially address the chaos of abortion-rights doctrine wrought by its 2016 decision in Whole Woman’s Health v. Hellerstedt. Whether or not the court confronts either or both issues, chances are that abortion-rights cases will look very d...
Tags: Featured, Supreme Court, Law, Planned Parenthood, Indiana, Arkansas, Bolton, DOE, U S Court of Appeals, Casey, 7th Circuit, Hellerstedt, Singleton, Kermit Gosnell, Easterbrook, Wulff

Planned Parenthood chief: we have to 'undo the damage' of abortion bans in the Trump era

Alexis McGill Johnson is focusing on systemic issues in her fight against the wave of abortion bans sweeping across the US The Planned Parenthood president, Alexis McGill Johnson, was stuck on the tarmac in Washington DC, and not happy about it. She’d raced to catch a flight and now she was sitting in the stale air of a plane grounded by stormy weather. Then, the woman next to her asked a question common among strangers: “What do you do?”“I work for Planned Parenthood,” Johnson said, and the wom...
Tags: Health, Planned Parenthood, US, Society, US news, Washington Dc, Abortion, Johnson, Trump, Alexis McGill Johnson

Relist Watch

John Elwood reviews Monday’s relists, after a fashion. The work crunch at my day job, so another, uh, … succinct installment today. Two noteworthy changes this week. First, on the abortion front, the Indiana ultrasound case, Box v. Planned Parenthood of Indiana and Kentucky, Inc., 18-1019, is no longer being relisted and it appears the court is holding it for the Louisiana admitting-privileges case, June Medical Services LLC v. Gee. Second, we have one new relist: Liu v. Securities and Exchange...
Tags: Featured, Supreme Court, Law, Congress, Planned Parenthood, Indiana, United States, Arkansas, SEC, Pope, Louisiana, Oklahoma, Sam, Terry, Securities And Exchange Commission, PAUL

Relist Watch

John Elwood reviews first Monday’s relists. The beginning of October Term 2019 finds the Supreme Court once again mired in controversy about basic workplace protections. While the world may be losing its collective mind about important issues, I get to focus on the calming mundanity of compiling relists for the ninth straight term — beginning in such a distant past that I hyphenated the then-unfamiliar term “Re-list.” We have a dozen relists out of the long conference — down from last year’s 17 ...
Tags: Featured, Maryland, Supreme Court, Law, Planned Parenthood, Stanford, Court, Indiana, United States, Malaysia, Arkansas, Sharp, Pope, Oklahoma, Johnson, Department Of Homeland Security

SCOTUS for law students: Supreme Court precedent

When the Supreme Court brought down the curtain on its 2018 term last June, an important, heated debate divided the justices over when to overrule constitutional precedent and when to follow it. As the justices return to the bench next week, the debate is certain to continue. Most justices agree that constitutional precedent is entitled to some respect. It is an essential part of the U.S. legal system, necessary to create stability in the law and to enhance the credibility of the court. Yet just...
Tags: Featured, Supreme Court, Law, Congress, Planned Parenthood, Court, San Francisco, City, Citizens United, Nevada, Hyatt, John Roberts, Williamson, Stevens, Abood, Detroit Board of Education

The Washington Post fact-checker gives 4 Pinocchios to the Planned Parenthood assertion that, before Roe v. Wade, "thousands" of American women died every year from illegal abortions.

The repeated assertions come from Leana Wen, the president of Planned Parenthood:“We face a real situation where Roe could be overturned. And we know what will happen, which is that women will die. Thousands of women died every year pre-Roe.”“Before Roe v. Wade, thousands of women died every year — and because of extreme attacks on safe, legal abortion care, this could happen again right here in America.”“We’re not going to go back in time to a time before Roe when thousands of women died every ...
Tags: Supreme Court, Law, Planned Parenthood, Washington Post, America, Lying, United States, Abortion, Kessler, WaPo, Wen, Roe, American College of Obstetricians, Glenn Kessler, Acog, Ann Althouse

Justices reverse in part on Indiana abortion law

This morning the Supreme Court issued orders from the justices’ private conference last week. After considering the case at 15 consecutive conferences, the justices finally acted on a petition by Indiana, which had asked the court to review a decision by the U.S. Court of Appeals for the 7th Circuit striking down a law regulating abortions in that state. Today the justices handed the state a partial victory, reversing the lower court’s decision with respect to one provision of the law but leavin...
Tags: Featured, Supreme Court, Law, Planned Parenthood, Court, Indiana, Pennsylvania, United States, Circuit, Ruth Bader Ginsburg, Thomas, Mike Pence, Sonia Sotomayor, The Supreme Court, Howe, Ginsburg

ACLU and Planned Parenthood file lawsuit against Alabama abortion ban

Groups filed lawsuit on behalf of state’s abortion providers to block extreme ban before it can take effectFollow the latest in US politics – liveCivil rights groups have filed a lawsuit to stop Alabama from implementing a law making abortion a crime at any stage of pregnancy.The lawsuit, brought by the American Civil Liberties Union (ACLU) and Planned Parenthood Federation of America on behalf of Alabama abortion providers, seeks to block the near-total abortion ban before it can take effect. C...
Tags: Health, Planned Parenthood, Women, US, Alabama, Society, US news, Aclu, Abortion, Planned Parenthood Federation of America, American Civil Liberties Union ACLU

Relist Watch

John Elwood reviews Monday’s relists. The world’s a mess: Tension in the Persian Gulf; turmoil in global trade; persistent conflict. The way things are going, many people can’t even seek comfort in simple escapism. But amid all the conflict and strife, you can at least take comfort in the familiar ritual of opening a new week’s installment of Relist Watch and saying those familiar words uttered by legions of readers since our second installment: “It’s not funny anymore.” Last week’s relists yiel...
Tags: Florida, Featured, Maryland, Supreme Court, Law, Congress, Planned Parenthood, Kentucky, Oregon, Iraq, Court, Alabama, Indiana, Dhs, Afghanistan, United States

Opinion analysis: Hyatt fulfills expectations in a surprising way

In an already familiar 5-4 lineup, the Supreme Court has overruled Nevada v. Hall, which for 40 years has stood for the proposition that states generally lack sovereign immunity in one another’s courts. The new decision vindicates a legal position long held by conservatives, but it appears to endorse a loose approach to finding structural principles in the Constitution. The ruling also adopts a less than exacting view of stare decisis — hardly surprising for Justice Clarence Thomas, who wrote th...
Tags: Featured, Supreme Court, Law, California, Planned Parenthood, Time, Court, Georgia, Tennessee, Connecticut, Nevada, States, Hall, Hyatt, Marshall, Thomas

Symposium: Undue burden, balancing test or bright line? Court should take the Louisiana admitting-privileges case to clarify the meaning of Whole Woman’s Health

Catherine Glenn Foster is the president and chief executive officer of Americans United for Life. The U.S. Supreme Court’s last pronouncement on abortion came in 2016, in the jurisprudential netherworld between the death of Justice Antonin Scalia and the appointment of Justice Neil Gorsuch. Whole Woman’s Health v. Hellerstedt invalidated portions of Texas’ HB 2, including a requirement that doctors performing abortions maintain patient-admitting privileges at a hospital within 30 miles of their ...
Tags: Health, Texas, Featured, Mississippi, Supreme Court, Law, Planned Parenthood, Wisconsin, Louisiana, Antonin Scalia, John Roberts, Scalia, The Supreme Court, Baton Rouge, U S Court of Appeals, Stephen Breyer

Best Advice At This Biglaw Firm Is Not To Ever Have Sex

This was an inopportune look for the firm.
Tags: Technology, Law, Planned Parenthood, Sex, Biglaw, Cooley LLP

Relist Watch

John Elwood previews February’s likely relists. We’re now in the middle of the Supreme Court’s nearly month-long midwinter hiatus between conferences. This means that the court hasn’t actually relisted the cases that it wishes to consider again after the January 18 conference, and probably won’t do so until closer to February 11. Still, we have a pretty good idea of which cases will be relisted. But before we head on to that, let’s bid farewell to the relisted cases that moved on to fairer clime...
Tags: Texas, Featured, Mississippi, Supreme Court, Law, Congress, Planned Parenthood, Virginia, Freedom, Alabama, Indiana, Dhs, United States, Williams, House Of Representatives, Davis

Empirical SCOTUS: If Ginsburg leaves, it could be the liberals’ biggest loss yet – A look back at previous justices replaced with more conservative successors

The saga over Justice Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily. Part of the mystery relates to the amount of information shared with the public. We know that, while treating Ginsburg for rib fractures, doctors found malignant lesions in her lungs that were promptly removed, and that subsequent tests have shown no evidence of any other cancer. Ginsburg has since missed oral arguments and is reportedly recovering at home while keeping current with the cour...
Tags: Health, Supreme Court, Law, Obama, Planned Parenthood, Washington Post, Kentucky, White House, Politico, Barack Obama, Indiana, Austin, United States, Kansas, Donald Trump, Ruth Bader Ginsburg

Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States

One new grant, one dissent from the denial of review

Last week the justices added one new case to their merits docket for the term – a relatively obscure maritime-law case. Somewhat unexpectedly, they added another new case today that will almost certainly have a much higher profile, at least in the legal world: Kisor v. Wilkie, in which the Supreme Court will consider whether to overrule a line of cases instructing courts to defer to an agency’s interpretation of its own regulation. The court’s ruling could have significant implications for admin...
Tags: Featured, Supreme Court, Law, Planned Parenthood, Va, Medicaid, Robbins, Thomas, The Supreme Court, Howe, Andersen, Clarence Thomas, Samuel Alito, Department of Veterans Affairs, U S Court of Appeals for the Federal Circuit, Wilkie

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