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Empirical SCOTUS: Precedent: Which justices practice what they preach

Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to precedent in her dissent from last term’s decision in Knick v. Township of Scott, which overturned the court’s precedent on the issue of eminent domain in the state law context in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City: “[I]t promotes the evenhanded, predictable, and...
Tags: Texas, Supreme Court, Law, Court, United States, Louisiana, Ruth Bader Ginsburg, Kennedy, Thomas, Sonia Sotomayor, Wade, John Roberts, Lawrence, Scalia, Roberts, Gamble


Interim Stat Pack for October Term 2019

With the 2019-2020 Supreme Court term coming to a close, the discussion among court-watchers continues to focus on Chief Justice John Roberts’ decision-making. Much has been made of his siding with the more liberal justices in striking down a Louisiana abortion law in June Medical Services LLC v. Russo and upholding the Deferred Action for Childhood Arrivals program (at least temporarily) in Department of Homeland Security v. Regents of the University of California. Roberts’ positions in these c...
Tags: Health, Featured, Supreme Court, Law, Hawaii, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg


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: June Medical and the many faces of judicial discretion

Jane Schacter is the William Nelson Cromwell professor of law at Stanford Law School. She signed an amicus brief in support of the petitioners in June Medical Services v. Russo. The headline from the 5-4 decision in June Medical Services v. Russo striking down Louisiana’s abortion restriction is unquestionably the vote of Chief Justice John Roberts. He determined the outcome. While he may have previewed his position a year ago when he voted to stay the ruling from the U.S. Court of Appeals for t...
Tags: Health, Texas, Featured, Law, Stanford, Louisiana, King, John Roberts, Roberts, Williamson, Lochner, Alito, U S Court of Appeals, Casey, Stephen Breyer, Breyer


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


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


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


Shocker: Supreme Court Preserves Abortion Rights, Strikes Down Louisiana Hospital Privileges Law

The Supreme Court has struck down a Louisiana abortion law that opponents say would have closed all but one abortion clinic in the state and had lasting repercussions for reproductive rights across the country.The Louisiana law, known as Act 620, would have required abortion providers to have the ability to admit patients at local hospitals. Supporters said the legislation promoted safety and continuity of care; abortion-rights advocates say it was a medically unnecessary restriction would force...
Tags: Texas, News, Supreme Court, Court, States, Louisiana, Center For Reproductive Rights, Nancy Northup, Trump, Rose, Sonia Sotomayor, Wade, John Roberts, Roberts, Stephen Breyer, Breyer


With Roberts’ Assist, SCOTUS Strikes Down Restrictive Louisiana Abortion Law

On Monday, the Supreme Court delivered a win for abortion rights activists by striking down a clinic restriction law out of Louisiana. It was a five to four decision, with Chief Justice John Roberts joining the liberals in a concurring decision.  Justice Stephen Breyer, writing for the majority, called the law “almost word-for-word identical” to a Texas law the Court struck down in 2016. The Court found that that “the law offers no significant health benefit” and that it will “make it im...
Tags: Health, Texas, News, Supreme Court, Court, Abortion, Louisiana, Donald Trump, John Roberts, Roberts, Roe, Stephen Breyer, Breyer, Anthony Kennedy, Hellerstedt, Whole Woman 's Health


Supreme court strikes down restrictive Louisiana abortion law

Chief Justice John Roberts sided with liberal judges to rule that state’s efforts to restrict access to abortion was unconstitutionalThe US supreme court has upheld a woman’s constitutional right to obtain an abortion in the most-watched abortion case in decades.In a 5-4 decision, Chief Justice John Roberts sided with liberal judges to rule that Louisiana’s efforts to restrict access to abortion were unconstitutional.The case, June Medical Services v Russo, was a pivotal test of how the court’s ...
Tags: Texas, News, US, America, Louisiana, Donald Trump, Trump, John Roberts, Roberts, Guttmacher Institute, Hellerstedt, Russo, Whole Woman 's Health, June Medical Services, Brett Kavanaugh, Neil Gorsuch


Roberts Fights Off Conservatives To Preserve Abortion Rights…For Now

The Supreme Court on Monday struck down an abortion clinic restriction law out of Louisiana. It was a 5–4 decision, with Chief Justice John Roberts joining the liberals in a concurring decision — and saying precedent required him to do so. The Court had clear precedent to work with: just four years ago, it overturned a law out of Texas in Whole Woman’s Health v. Hellerstedt. Both laws centered on admitting privileges for doctors at nearby hospitals. Justice Stephen Breyer, writing for ...
Tags: Texas, News, Supreme Court, Court, Abortion, Louisiana, Donald Trump, Thomas, John Roberts, Roberts, Alito, Roe, Casey, Stephen Breyer, Breyer, Clarence Thomas


Supreme Court Denies Certiorari to 10 Second Amendment Cases

Opinion U.S. Supreme Court Image NRA-ILA Arizona -(Ammoland.com)- In an unexpected move, the Supreme Court has voted to deny certiorari (refuse to hear) ten Second Amendment cases which have been held at the court, some of which have been waiting for years. Much speculation has been written about the cases, with the expectation the Supreme Court would hear at least one of them in order to clarify splits that have occurred in the circuit courts on the issues of carrying firearms outside the h...
Tags: Health, Guns, Supreme Court, California, Court, US, America, Department Of Defense, Chicago, United States, Arizona, Rhode Island, Rogers, Second Amendment, Wilson, Fed


Senator Chuck Schumer: Caretaker Of Government Attacks Justices Gorsuch & Kavanaugh

Opinion New York – -(AmmoLand.com)- “I want to tell you, Gorsuch; I want to tell you, Kavanaugh: You have released the whirlwind, and you will pay the price. “You won’t know what hit you if you go forward with these awful decisions. We will tell President Trump and Senate Republicans who have stacked the court with right-wing ideologues that you’re gonna be gone in November, and you will never be able to do what you’re trying to do now ever, ever again!” Schumer, speaking at a pro-Abortion ra...
Tags: Health, Chuck, UK, New York, Texas, Justice, Guns, Washington Post, Senate, Court, US, America, Cnn, United States, United Kingdom, New York Times


Chief Justice Puts Schumer On Blast For Making ‘Threatening Statements’

Supreme Court Chief Justice John Roberts issued a blistering statement Wednesday in response to “threatening statements” he accused Senate Minority Leader Chuck Schumer (D-NY) of making about the justices earlier in the day. “This morning, Senator Schumer spoke at a rally in front of the Supreme Court while a case was being argued inside. Senator Schumer referred to two Members of the Court by name and said he wanted to tell them that ‘You have released the whirlwind, and you will pay the pric...
Tags: Texas, News, Supreme Court, Senate, Court, Louisiana, Trump, Ginsberg, John Roberts, Roberts, Schumer, Sotomayor, Chuck Schumer, Anthony Kennedy, Kavanaugh, Hellerstedt


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


SCOTUS Liberals Take Last Stand In The Face Of Almost Certain Abortion Case Defeat

The liberal contingent of the Supreme Court sounded off during Wednesday’s oral arguments about the legality of Louisiana’s abortion regulation law, which is nearly identical to a Texas law the court struck down two years ago. What’s changed since then is the composition of the Court, which has shifted to the right since Justice Anthony Kennedy’s 2018 departure. Kennedy had joined the liberals in ruling against the Texas law in the 2016 case Whole Woman’s Health v. Hellerstedt.  But Wedn...
Tags: Health, Texas, News, Supreme Court, Abortion, Louisiana, Department Of Justice, Ruth Bader Ginsburg, Madison, Wall, Kennedy, Sonia Sotomayor, John Roberts, Ginsburg, Alito, Roe


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


Supreme Court abortion case gives me scary déjà vu

Amy Hagstrom Miller was one of the women who challenged abortion restrictions in Texas, resulting in the Supreme Court ruling in Whole Woman's Health v. Hellerstedt in 2016. WIth a very different Court set to hear oral argument this week over a nearly identical law in Louisiana, she says she understands why her victory is a target.
Tags: Texas, Supreme Court, Cnn, Louisiana, Hellerstedt, Whole Woman s Health, Amy Hagstrom Miller


I Argued the Last Abortion Case Before the Supreme Court. The One Before the Justices This Week Is Identical

Four years ago, I stood before the U.S. Supreme Court in Whole Woman’s Health v. Hellerstedt, arguing against a pair of Texas laws that would have shuttered abortion clinics across the state. The Supreme Court’s decision in that case was a powerful reaffirmation of the right to abortion, holding that states may not impose unjustified burdens on people seeking abortion care. Despite that precedent, in 2018, a federal appeals court upheld a Louisiana law that mirrors one of the Texas laws str...
Tags: Politics, Texas, News, Supreme Court, Uncategorized, Abortion, Louisiana, Texas Rio Grande Valley, Hellerstedt, U S Court of Appeals for the Fifth Circuit, Federal District Courts, June Medical Services LLC, U S Supreme Court in Whole Woman s Health


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: June Medical Services and the future of Article III standing in abortion cases

Leah Litman is an assistant professor of law at the University of Michigan Law School. She joined an amicus brief on behalf of constitutional law scholars in support of the petitioners in June Medical Services v. Gee and the cross-respondents in Gee v. June Medical Services. Steve Vladeck is the A. Dalton Cross Professor in Law at the University of Texas at Austin School of Law. He joined an amicus brief on behalf of federal courts scholars in support of the petitioners and the cross-respondents...
Tags: Health, Texas, Featured, Supreme Court, Law, Washington, Court, Nebraska, Louisiana, Meyer, Craig, Antonin Scalia, Hart, Scalia, Harvard Law Review, Carey


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: Abortion: A right in name only?

Jennifer Dalven is the director of the Reproductive Freedom Project at the ACLU, which filed an amicus brief in support of the petitioner in June Medical Services v. Gee . Is the Supreme Court going to overturn Roe v. Wade ? Everywhere I go, that’s the question I get. And to be sure, it’s a legitimate and very frightening question. After all, in 2019 alone, seven states passed laws banning abortion from the earliest days of pregnancy, all in the hopes of getting the Supreme Court to ov...
Tags: Health, Texas, Featured, Supreme Court, Law, Congress, Aclu, Louisiana, American Medical Association, Court of Appeals, Roe, U S Court of Appeals, Casey, Anthony Kennedy, American College of Obstetricians, Hellerstedt


Symposium: June Medical Services – An opportunity to reject invasive appellate review

Fadwa Hammoud is the solicitor general of the state of Michigan, which joined an amicus brief on behalf of the petitioner in June Medical Services v. Gee. Many articles concerning June Medical Services v. Gee attempt to read the tea leaves regarding the future of abortion rights in light of the newer members of the Supreme Court, Justices Neil Gorsuch and Brett Kavanaugh. And rightfully so, given the effect that the court’s composition can have on American life. But I will leave the tasseography...
Tags: Health, Texas, Featured, Supreme Court, Law, Michigan, Louisiana, DOE, Anderson, Cooper, Baton Rouge, U S Court of Appeals, Hellerstedt, 5th Circuit, Medical Services, June Medical Services


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


‘Hanging by a Thread’: Democrats and the Abortion Case That Could Signal the Beginning of the End

The air was warmer than usual and spirits were high at Friday's March for Life in Washington, D.C., as pro-life demonstrators gathered across the National Mall to protest abortion and express support for mothers and their unborn children.The marchers, many of them teenagers and women with small children who had trekked long distances to be there, had good reason for their smiling enthusiasm. This year's 47th annual march followed a year of wins for the pro-life movement, including severa...
Tags: Health, Texas, News, Supreme Court, Washington, National Mall, Louisiana, Jackson, Democratic, Democratic Party, National Review, John Bel Edwards, Anthony Kennedy, Hellerstedt, Susan B Anthony List, Louisiana House of Representatives


On the Anniversary of Roe v. Wade, Advocates Grapple With Abortion Restrictions

Forty-seven years ago today, the Supreme Court ruled on Roe v. Wade, establishing the legality of abortion nationwide. But as another case about abortion heads to a significantly more conservative Supreme Court this year, reproductive rights advocates and health care providers say they are preparing for a world in which the landmark 1973 decision is either significantly weakened or overturned. “We’re at a moment where the threat is imminent for the country,” Alexis McGill Johnson, ac...
Tags: Health, Texas, News, Supreme Court, Congress, California, Planned Parenthood, Uncategorized, Alabama, West Virginia, Atlanta, Abortion, Louisiana, Medicaid, Trump, Abortion Rights