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Symposium: June Medical Services v. Russo: When a “win” is not a win

Gretchen Borchelt is vice president for reproductive rights and health at the National Women’s Law Center. She filed an amicus brief on behalf of NWLC and 72 other organizations in support of the petitioners in June Medical Services v. Russo. In June Medical Services v. Russo, a plurality of the Supreme Court struck down a Louisiana law that would have thwarted abortion access to such a degree that it would have left “thousands of Louisiana women with no practical means of obtaining a safe, lega...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, Donald Trump, John Roberts, Roberts, Casey, GONZALES, Elena Kagan, Samuel Alito, Carhart, Hellerstedt, Russo


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: June Medical decision is no cause for congressional complacency

Richard Blumenthal is the senior United States senator from Connecticut. He joined an amicus brief on behalf of 197 members of Congress in support of the petitioners in June Medical Services v. Russo. He is the Senate lead sponsor of the Women’s Health Protection Act. Today’s Supreme Court decision in June Medical Services v. Russo is a landmark legal victory against radical politicians relentlessly attacking reproductive rights cross the country. Roe v. Wade is safe—for now. This ruling is an i...
Tags: Texas, Featured, Supreme Court, Law, Congress, Senate, United States, Connecticut, Louisiana, Donald Trump, Richard Blumenthal, John Roberts, Baton Rouge, U S Court of Appeals, Stephen Breyer, Breyer


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


Courtroom access: Before abortion argument, mixed feelings about line-standers

Editor’s note: On April 13, the Supreme Court announced that it would conduct 10 oral arguments via telephone conference on several days in May in cases whose oral argument dates had been postponed due to the COVID-19 pandemic, and that it would make an audio feed available to the public through a media pool, providing real-time audio of oral arguments for the first time in its history. The practice of paying line-standers to hold spots in line for those 50 coveted seats inside the Supreme Court...
Tags: Health, Texas, Featured, Supreme Court, Law, California, Washington, Dallas, Louisiana, Kate, Capitol, Medical Services, Whole Woman 's Health, Courtroom access — October Term 2019, Kate Banfield


A “view” from the courtroom: “Strong feelings” in the latest abortion case

The court has just one case today to close out the argument portion of the February sitting, but it’s a big one. In June Medical Services LLC v. Russo, the justices will consider whether Louisiana’s law requiring abortion doctors to have admitting privileges at nearby hospitals conflicts with the court’s decision just four years ago in Whole Woman’s Health v. Hellerstedt striking down a similar law in Texas. There is also the cross-petition from Louisiana about whether abortion providers have th...
Tags: New York, Texas, Featured, Law, Congress, Chicago, Aclu, New Orleans, Dallas, Louisiana, Wall, Center For Reproductive Rights, Craig, John Roberts, East Texas, American Civil Liberties Union


Argument analysis: Justices grapple with Louisiana abortion law (Updated)

In 2016, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions in that state to have the right to admit patients at nearby hospitals. In that case, Justice Anthony Kennedy joined the court’s four more liberal justices in concluding that the law made it harder for women to obtain abortions while not doing anything, despite the state’s argument to the contrary, to protect the health of pregnant women. Today the Supreme Court considered the const...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Ruth Bader Ginsburg, DOE, Wall, Kennedy, John Roberts, Roberts, Howe, Ginsburg, Alito, Stephen Breyer, Breyer


Argument preview: Abortion debate returns to the Roberts Court

Editor’s Note: An earlier version of this post ran on January 27, 2020, as an introduction to this blog’s symposium on June Medical Services v. Russo, as well as at Howe on the Court, where it was originally published. When he ran for president in 2016, then-candidate Donald Trump promised that, if elected, he would appoint “pro-life” Supreme Court justices, which would result in the overturning of Roe v. Wade, the landmark 1973 decision establishing a woman’s right to an abortion. In the three ...
Tags: Health, Texas, Featured, Supreme Court, Law, Congress, Court, Idaho, Louisiana, Donald Trump, Center For Reproductive Rights, Kennedy, Trump, Thomas, Antonin Scalia, John Roberts


Friday round-up

As the justices reconvene today for their first private conference in several weeks, Kimberly Robinson reports at Bloomberg Law that “[t]he second half of the Supreme Court’s current term will be chock-full of high-profile arguments and blockbuster opinions, and court watchers say it’s going to be explosive.” Mark Sherman reports at AP (via How Appealing) that “[t]he court is poised to issue campaign-season decisions in the full bloom of spring in cases dealing with President Donald Trump’s tax ...
Tags: Google, Supreme Court, Law, Eric Holder, Ap, United States, Tennessee, Louisiana, Donald Trump, Forest Service, Turner, ABA Journal, Trump, Round-up, Mark Sherman, John Roberts


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


Symposium: Abortion debate returns to the Roberts Court

When he ran for president in 2016, then-candidate Donald Trump promised that, if elected, he would appoint “pro-life” Supreme Court justices, which would result in the overturning of Roe v. Wade, the landmark 1973 decision establishing a woman’s right to an abortion. In the three years since taking office, Trump has put two new justices on the bench: Justice Neil Gorsuch, who filled the vacancy created after the February 2016 death of Justice Antonin Scalia, and Justice Brett Kavanaugh, who was ...
Tags: Health, Texas, Featured, Supreme Court, Law, Congress, Court, Idaho, Louisiana, Donald Trump, Center For Reproductive Rights, Kennedy, Trump, Thomas, Antonin Scalia, John Roberts


Federal government’s brief in abortion case supports Louisiana’s position, raises possibility of overruling Whole Woman’s Health

On March 4, the Supreme Court will hear oral argument in one of the biggest cases of the new year: the challenge to the constitutionality of a Louisiana law that requires doctors who perform abortions to have the right to admit patients at a nearby hospital. Four years ago, the justices struck down a similar law from Texas, by a vote of 5-3. But the court has changed since then: Justice Anthony Kennedy, who joined his more liberal colleagues in voting to invalidate the Texas law, retired in 2018...
Tags: Texas, Featured, Supreme Court, Law, Philadelphia, Louisiana, Antonin Scalia, John Roberts, Howe, U S Court of Appeals, Casey, Anthony Kennedy, Hellerstedt, 5th Circuit, Gosnell, Kermit Gosnell


Empirical SCOTUS: The beginning of the 2019 term and how it stacks up

June is traditionally the month when the public focuses on the Supreme Court. Many of the court’s most politically tinged decisions in recent years were rendered during June. These include Rucho v. Common Cause and Department of Commerce v. New York (the census case) last term, Janus v. State, County, and Municipal Employees and Trump v. Hawaii the previous term, and Trump v. International Refugee Assistance Project the term before that. Whole Woman’s Health v. Hellerstedt was decided in June, a...
Tags: New York, Supreme Court, Law, Hawaii, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Ginsburg, Klemm, Sotomayor, Clarence Thomas, Burwell, Samuel Alito


Wednesday round-up

Yesterday the court heard oral arguments in a trio of high-profile civil-rights cases involving LBGT employees: consolidated cases Bostock v. Clayton County, Georgia and Altitude Express, Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of respondent Stephens in Harris.] Amy Howe analyzes the oral argum...
Tags: Supreme Court, Law, Congress, Washington Post, America, Cnn, Atlantic, New York Times, Fox News, Npr, Louisiana, Lambda Legal, Economist, Round-up, Reuters, HARRIS


Symposium: June Medical should be summarily reversed

Jonathan B. Miller is Chief of the Public Protection & Advocacy Bureau in the Office of the Massachusetts Attorney General. The views expressed here do not necessarily represent the views of the Massachusetts Attorney General or the Office. June Medical Services, LLC v. Gee potentially presents an opportunity for the newest lineup of the Supreme Court, including Justice Brett Kavanaugh, to revisit constitutional protection of abortion. In a move that surprised many, the justices stayed the U.S. ...
Tags: Health, Texas, Featured, Supreme Court, Law, Massachusetts, Citizens United, Medicare, Louisiana, Trump, John Roberts, Centers for Medicare, Medicaid Services, U S Court of Appeals, Federal Election Commission, Bullock


Symposium: On a petition that does not exist

Kyle Hawkins is the solicitor general of Texas. SCOTUSblog has asked me to assess whether the Supreme Court should grant a cert petition that does not exist. That petition, should it ever come to be, would probably be styled June Medical Services, LLC v. Gee, though we can’t be 100 percent sure until we see it. It presumably would be about a Louisiana law that, operating within the confines of the Supreme Court’s 2016 decision in Whole Woman’s Health v. Hellerstedt, requires abortion providers t...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, U S Court of Appeals, Casey, Hellerstedt, 5th Circuit, Merits Cases, Whole Woman 's Health, Southeastern Pa, Planned Parenthood of Southeastern Pennsylvania, Brett Kavanaugh, Kyle Hawkins


Symposium: In the Louisiana abortion case, maybe the best defense is a good offense

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University. He blogs at  dorfonlaw.org . Chief Justice John Roberts surprised some observers when he joined his four more liberal colleagues to grant a stay of the decision by the U.S. Court of Appeals for the 5th Circuit in . The stay blocked Louisiana’s law requiring doctors performing abortions to have admitting privileges at local hospitals. The petitioners argued that the Louisiana law was substantially similar to the Tex...
Tags: Health, Texas, Featured, Supreme Court, Law, Senate, Court, Mitch McConnell, Nebraska, Knox, Louisiana, SEIU, Cornell University, Trump, Antonin Scalia, John Roberts


Symposium: The rule of law is at stake — the Supreme Court must take June Medical Services v. Gee and uphold the right to abortion

Fatima Goss Graves is the president and CEO of the National Women’s Law Center. June Medical Services v. Gee – the outrageous decision by the U.S. Court of Appeals for the 5th Circuit upholding an anti-abortion Louisiana law – is not just a threat to access to healthcare, but a blatant disrespect of legal precedent and the rule of law. The Louisiana law is identical to – and in fact was modeled after – a Texas law that the Supreme Court struck down in 2016. If the Supreme Court truly wishes to p...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, Roe, U S Court of Appeals, Clarence Thomas, Samuel Alito, Hellerstedt, 5th Circuit, Fatima Goss Graves, Whole Woman 's Health, June Medical Services, Brett Kavanaugh


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


Empirical SCOTUS: Expect Kavanaugh to shift the court rightward — how far no one knows

The discussion over who would fill the Supreme Court vacancy has dominated much of the political conversation since Justice Anthony Kennedy announced his retirement from the Supreme Court on June 27. On Monday night, Judge Brett Kavanaugh, an obvious choice and the one I predicted in December 2017, was announced as nominee. When Kennedy’s retirement rumors previously circulated, many on the left were fearful of how this would shift the court in the conservative direction (and many still are). Th...
Tags: Florida, Texas, Featured, Guantanamo, Supreme Court, Law, Obama, Congress, Planned Parenthood, Court, Bower, United States, Taliban, Arizona, Commission, Wisconsin


Missouri responds in abortion case

The state of Missouri today urged the Supreme Court to stay out of the dispute over two of the state’s abortion requirements. Last week, Planned Parenthood asked the justices to reinstate a lower court’s order blocking the state from enforcing those requirements, arguing that the requirements are identical to two Texas regulations that the Supreme Court struck down last year. But, , the state countered that the court’s intervention is not necessary – particularly because the order by the U.S. C...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Missouri, Circuit, Howe, U S Court of Appeals, Hellerstedt, Eighth Circuit, 8th Circuit, What's Happening Now, Whole Woman 's Health, Supreme Court The group


Planned Parenthood asks justices to step into abortion dispute (UPDATED)

[Update on Monday, September 25: Justice Neil Gorsuch has asked Missouri to respond by 3 p.m. on Thursday, September 28, to Planned Parenthood’s application.] Arguing that two Missouri abortion requirements are “virtually identical” to the Texas regulations that the Supreme Court struck down in 2016, Planned Parenthood a lower court’s order blocking the state from enforcing the requirements. After the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt in 2016, Planned Parenthood w...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Missouri, Howe, Hellerstedt, Eighth Circuit, 8th Circuit, What's Happening Now, Whole Woman 's Health, Neil Gorsuch, U S Court of Appeals for the 8th Circuit, Today Planned Parenthood, Missouri Gorsuch


Planned Parenthood asks justices to step into abortion dispute

Arguing that two Missouri abortion requirements are “virtually identical” to the Texas regulations that the Supreme Court struck down in 2016, Planned Parenthood a lower court’s order blocking the state from enforcing the requirements. After the Supreme Court’s decision in Whole Woman’s Health v. Hellerstadt in 2016, Planned Parenthood went to federal district court in Missouri, arguing that two of the state’s abortion requirements violate the Constitution: the requirement that physicians prov...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Missouri, Howe, Eighth Circuit, 8th Circuit, What's Happening Now, Hellerstadt, Whole Woman 's Health, Neil Gorsuch, U S Court of Appeals for the 8th Circuit, Today Planned Parenthood, Missouri Gorsuch


Thursday round-up

At Constitution Daily, Lyle Denniston reports on the court’s Tuesday orders, including its decision to send several cases involving aid to private schools operated by religious organizations back for reconsideration in light of Monday’s decision limiting “the power of states under their state constitutions to deny all forms of government funding to religious groups.” At The New York Times, Erica Green reports on the religious-aid remands. Commentary on the order in a school-voucher case from Col...
Tags: Supreme Court, Law, Congress, Colorado, Washington Post, America, Arkansas, New Jersey, Wisconsin, ACS, Vox, Smith, Donald Trump, Ruth Bader Ginsburg, Wall Street Journal, Round-up


Friday round-up

Briefly: Constitution Daily notes that yesterday was the anniversary of the Supreme Court’s notorious decision in Plessy v. Ferguson, a ruling that “upheld the legality of racial segregation in America” and that has been relegated by legal experts and historians “to the ‘dustbin of history.’” The Associated Press reports that in a speech on Wednesday, Justice Samuel Alito “told graduates at a historic Roman Catholic seminary near Philadelphia freedom of religion and freedom of speech are essent...
Tags: Supreme Court, Law, Colorado, Washington Post, America, United States, Ferguson, Philadelphia, Associated Press, Nelson, Round-up, Austin Texas, Samuel Alito, Hellerstedt, Austin Chronicle, Plessy


Wednesday round-up

Today the court hears oral argument in Czyzewski v. Jevic Holding Corp., a case involving a challenge to the use of structured dismissals to resolve Chapter 11 bankruptcy cases. Daniel Bussel previewed the case for this blog. Michele Korkhov and Anna Marienko provide a preview for Cornell University Law School’s Legal Information Institute. The court also issued three unanimous opinions yesterday. In Samsung Electronics v. Apple, the court held that for purposes of a patent-damage award, an “...
Tags: Apple, Supreme Court, Law, Obama, Virginia, Samsung, Bloomberg, United States, Npr, Gulf Coast, Donald Trump, Samsung Electronics, Economist, Trump, Round-up, Reuters


Friday round-up

In a podcast for the Constitution Center, Carrie Severino and Michael Dorf try to “make sense of an unpredictable year” at the Court, while Sullivan & Cromwell looks back at the business cases at the Court; In The Economist, Steven Mazie contends that the “justice responsible for steering the court to the left was Anthony Kennedy, Scalia’s fellow Ronald Reagan nominee,” while in The New Yorker Jeffrey Toobin suggests that there was “so much drama” at the Court this Term “that it was possible to ...
Tags: Utah, Texas, Supreme Court, Law, Washington Post, Virginia, Court, United States, Ronald Reagan, Mcdonnell, Jeffrey Toobin, Friedman, Michael Dorf, Steven Mazie, Clarence Thomas, Sullivan Cromwell


Thursday round-up

Coverage of and commentary on the Court looks back at the Term that just ended.  In Los Angeles Times, David Savage reports on the “alliance” between two Justices from California:  Anthony Kennedy and Stephen Breyer.  In a story for The National Law Journal (subscription or registration required), Tony Mauro looks at how business interests fared at the Court this Term, while he and Marcia Coyle have a second story at Law.com (subscription required) with “nine takeaways” from the Term.  At Bench ...
Tags: Utah, Texas, Supreme Court, Law, California, Washington, Oregon, Virginia, Court, Los Angeles, Atlantic, United States, Johnson, Kennedy, Round-up, Mcdonnell



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