“According to the lawsuit, two plaintiffs experienced severe complications from miscarriages that went untreated due to the ban. The three other plaintiffs had fetuses with severe abnormalities that carried high risks of medical complications for the mother, like hemorrhaging.
Texas law currently bans almost all abortions, providing an exception only in the case of a “medical emergency,” defined as a “life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.”
In their lawsuit, plaintiffs argue the law is too vague, leading doctors to deny them abortions—placing the women at risk—due to concerns that the women were not in sufficiently imminent danger of death for doctors to risk possible prosecution if they performed an abortion. Under the law, doctors who perform illegal abortions face life in prison.
“With the threat of losing their medical licenses, fines of hundreds of thousands of dollars, and up to 99 years in prison lingering over their heads,” the suit states, “it is no wonder that doctors and hospitals are turning patients away—even patients in medical emergencies.””
“the fact that they’re unwilling to give conservatives a win in every case may say as much about what advocates are asking for as it does about the court’s ideological bent. The two big surprises this term — the ruling involving the Constitution’s elections clause and the decision involving the Voting Rights Act — were both cases that previous courts probably wouldn’t have agreed to hear at all. The aggressive arguments in both cases are just two examples of the way the court’s docket is changing, with right-wing legal groups and politicians asking for much further-reaching outcomes than they would have even five or six years ago.”
“In 2016, after Justice Antonin Scalia’s death gave Democrats their first chance in a generation to control the Supreme Court — and with it the federal judiciary — Senate Republican Leader Mitch McConnell announced that no nominee would receive a confirmation hearing until after that year’s presidential election. He claimed that this newly invented rule against election-year confirmations was necessary to ensure that “the American people have a voice in this momentous decision.”
Yet, after McConnell successfully held this seat open until Trump could fill it, Republicans reversed course when Justice Ruth Bader Ginsburg died fewer than two months before the 2020 election that cast Trump out of office. Republicans didn’t just give Trump nominee Amy Coney Barrett a confirmation hearing, they raced to confirm her just eight days before the election.”
…
“Any trial of a former head of state would be a difficult endeavor. Anyone elected to the nation’s highest office is likely to have many loyal supporters throughout the country, who will be skeptical of claims that their political leader is actually a criminal. And, in the United States, any former president will have appointed a significant percentage of the federal judiciary.
And again, Trump’s criminal trials will not be heard under the best of circumstances. Trump may try to rally his supporters to commit acts of violence similar to the January 6 attack on the Capitol. Many of Trump’s judges aren’t just unusually conservative, they show little regard for the rule of law. And, in part because the United States has never tried a former president before, Trump’s criminal trials are likely to produce a raft of novel legal questions that can be readily appealed to higher courts — including the hyper-politicized Supreme Court.
On top of all of this, at least one of the former president’s trials will be overseen by Judge Aileen Cannon, a Trump appointee who has previously behaved like she is a member of Trump’s legal defense team.
It is far from clear, in other words, that the judiciary enjoys enough public trust that it can endure the political strain Trump’s trials will put on its spine — even assuming that every judge who hears one of Trump’s criminal cases acts in good faith.”
…
“One reason to worry about what appellate judges, including the justices of the Supreme Court, might think about Trump is that criminal trials involving famous criminal defendants often present unusual legal questions that don’t typically arise in other cases. And Trump isn’t just famous, he’s the first former president ever to be indicted. And he’s a current candidate for the presidency.
These unique facts are likely to produce unprecedented legal questions that will need to be resolved by appellate courts. And that gives the justices an unusual amount of ability to sabotage these prosecutions if they chose to do so.”
“Yes, those publications have liberal biases. And, yes, some progressives are using the Thomas/Alito/Gorsuch reports to undermine the conservative majority’s legitimacy and push dangerous court expansion plans. But all of these nondisclosures, luxury trips, and gift-taking still seem sleazy.”
“A federal judge on Friday permanently banned Arizona from enforcing a new law restricting how closely people may film police, finding that the law violates a core First Amendment right to record law enforcement officers.”
“The new law eliminates courts’ power to overturn decisions by Israel’s Cabinet or its ministers that they find to be “extremely unreasonable,” a vague-sounding standard that has a more technical meaning in Israeli law. In the simplest terms, the reasonableness doctrine allows the courts to overturn policies when the government can’t prove that its decisions were made according to some basic standards of fair and just policymaking.
Such a standard for judicial review might seem overbroad in the United States. But it’s actually relatively common internationally, and Israel in particular has a need for it: The country lacks a formal constitution, significant separation of executive and legislative powers, and a federal system. The courts are basically the only check on decisions made by the elected government — and the current government, a far-right coalition led by Prime Minister Benjamin Netanyahu, is trying to weaken the judiciary’s powers and pack it with ideologically friendly jurists.
Eliminating reasonableness review of Cabinet decisions is “only part of a far bigger plan to gut checks on executive power in Israel,” writes Natan Sachs, director of the Brookings Institution’s Center for Middle East Policy. Other components of this plan are currently waiting in the wings, likely next steps for the government in the coming weeks and months. If they too are passed, Sachs writes, Netanyahu’s government would possess “the ability to do almost anything.””
…
“Reasonableness is not the only tool Israeli courts have to overturn government policies; its elimination marks an increase in government power, but it is hardly the end of judicial review. By passing this reform alone, rather than packaged with even more radical components of the initial overhaul, Netanyahu lowered the risk of defections from his four-vote majority. (The new law passed 64-0, after opposition lawmakers walked out of the vote in protest.)”
“In the less than three years since President Joe Biden took office, the Supreme Court has effectively seized control over federal housing policy, decided which workers must be vaccinated against Covid-19, stripped the EPA of much of its power to fight climate change, and rewritten a federal law permitting the secretary of education to modify or forgive student loans.
In each of these decisions, the Court relied on something known as the “major questions doctrine,” which allows the Court to effectively veto any action by a federal agency that five justices deem to be too economically significant or too politically controversial.
This major questions doctrine, at least as it is understood by the Court’s current majority, emerged almost from thin air in the past several years. And it has been wielded almost exclusively by Republican-appointed justices to invalidate policies created by a Democratic administration. This doctrine is mentioned nowhere in the Constitution. Nor is it mentioned in any federal statute. It appears to have been completely made up by justices who want to wield outsize control over federal policy.
And the implications of this doctrine are breathtaking. In practice, the major questions doctrine makes the Supreme Court the final word on any policy question that Congress has delegated to an executive branch agency — effectively giving the unelected justices the power to override both elected branches of the federal government.
Consider, for example, the Court’s recent decision in Biden v. Nebraska, which invalidated a Biden administration program that would have forgiven up to $20,000 in debt for millions of student loan borrowers. The Court did so despite a federal law known as the Heroes Act, which permits the secretary of education to “waive or modify any statutory or regulatory provision applicable to the student financial assistance programs … as the Secretary deems necessary in connection with a war or other military operation or national emergency.”
So Congress explicitly granted the executive branch the power to alter or forgive student loan obligations during a national crisis like the Covid-19 pandemic. But six justices, the ones appointed by Republican presidents, decided that they knew better than both Congress and the executive.
The premise of the major questions doctrine is that courts should cast an unusually skeptical eye on federal agencies that push out ambitious new policies. As the Court said in a 2014 opinion, “we expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”
In practice, however, this doctrine functions more as a freewheeling judicial veto than as a principled check on agencies. The Heroes Act, after all, is crystal clear in giving Education Secretary Miguel Cardona — and not the Supreme Court — final say over which loans are forgiven during a national emergency.”
“The government may not compel someone to “create speech she does not believe,” the Supreme Court ruled this morning. In a 6–3 opinion authored by Justice Neil Gorsuch, the Court sided with a graphic designer, Lorie Smith, who wanted to expand into the wedding-website business without being forced by Colorado law to create products celebrating same-sex marriages.
Back in 2021, the U.S. Court of Appeals for the 10th Circuit found that the planned websites would each constitute “an original, customized creation,” designed by Smith “using text, graphics, and in some cases videos” with a goal of celebrating the couple’s “unique love story.” As such, it said they “qualify as ‘pure speech’ protected by the First Amendment.” The lower court admitted that Smith was willing to provide her services to anyone, regardless of race, religion, or sexual orientation, so long as the substance of the project did not contradict her values. It also recognized that “Colorado’s ‘very purpose’ in seeking to apply its law to Ms. Smith” was to stamp out dissenting ideas about marriage. Despite all of that, incredibly, the 10th Circuit held that the state government was within its authority to compel her to create such websites against her will.”
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“The ruling in 303 Creative LLC v. Elenis is neither as narrow nor as broad as it (theoretically) could have been. The Court didn’t do away with public accommodations, or businesses prohibited from discriminating against customers on the basis of characteristics such as skin color or national origin. It did note that “no public accommodations law is immune from the demands of the Constitution” and that “public accommodations statutes can sweep too broadly when deployed to compel speech.” (The Colorado law was guilty in this instance.)
The high court also didn’t establish a right for any and every business owner to decline to provide services for same-sex weddings—only those whose services involve expressive activity. Whether a particular service (say, cake baking) is expressive will have to be litigated case by case.
But the majority did decide Smith’s case by appealing to free-expression precedents rather than religious-liberty ones. In other words, the justices didn’t say that the faith-based nature of Smith’s beliefs about marriage entitled her to an exemption. Presumably, a secular person with moral or factual objections to expressing a particular message would receive all the same protections as a Christian or Muslim objecting on religious grounds. As it should be.”
“The D.C. Circuit Court of Appeals ruled..that language in the 2018 Fight Online Sex Trafficking Act — better known as FOSTA — is not unconstitutionally vague and doesn’t violate free-speech rights.
However, the court said it would interpret the threat of criminal punishment for the use of computer services in a manner “facilitating” or “assisting” prostitution to apply as longer-standing statutes traditionally do, to people “aiding and abetting” such crimes.
“We therefore hold that [FOSTA’s] mental state requirement does not reach the intent to engage in general advocacy about prostitution, or to give advice to sex workers generally to protect them from abuse,” Judge Patricia Millett wrote, joined by Judges Harry Edwards and Justin Walker. “Nor would it cover the intent to preserve for historical purposes webpages that discuss prostitution. Instead, it reaches a person’s intent to aid or abet the prostitution of another person.”
Millett conceded that the language could be seen as encompassing all sorts of conduct that arguably promotes or encourages prostitution. But she said the more limited reading was justified in this instance.”