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At issue in the case was a state law that banned abortions except for the life of the pregnant woman. The Biden administration argued that a federal law required hospitals to also provide abortions in cases where the health of a pregnant woman is at stake. “Today’s decision is not a victory for pregnant patients in Idaho,” Jackson wrote. Earlier this month, the court dispensed with another abortion case, an appeal challenging expanded access to the abortion pill mifepristone. Bloomberg spotted the opinion and posted it online Wednesday before the court removed it.
Persons: Biden, Ketanji Brown Jackson, , ” Jackson Organizations: CNN, Bloomberg Locations: Idaho
Even as the court is sometimes finding wider-than-expected majorities for relatively limited outcomes, the nine justices are regularly in conflict over the meaning of decisions. A number of lower-profile cases have also sparked deep doctrinal divisions, even when the final vote count is lopsided. “It does seem, at least anecdotally, unusual to have this many separate opinions in cases with relatively lower stakes,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. The Supreme Court earlier this month tossed out an appeal from anti-abortion doctors challenging expanded access to the abortion pill mifepristone. Among them, Justice Sonia Sotomayor slammed the court’s majority opinion for its reliance on history to decide the trademark dispute.
Persons: , Steve Vladeck, , dinged, councilwoman, Brett Kavanaugh, ” Kavanaugh, Donald Trump, Jack Smith’s, yank Trump, Trump, Amy Coney Barrett, Samuel Alito, Kavanaugh, ” Barrett, Aziz Huq, Huq, Moore, John Roberts ’, hasn't, Neil Gorsuch chimed, Justice Ketanji Brown Jackson, ” Alito, Clarence Thomas, Alito, it’s, Sylvia Gonzalez, Florida GOP Sen, Marco Rubio, Sonia Sotomayor Organizations: CNN, University of Texas School of Law, Trump, Capitol, University of Chicago, New York, Police, Florida GOP, Republican Locations: Moore, Texas, Trump, concurrences
That sent lower courts scurrying into historical analyses to figure out if modern gun laws had some connection to the 18th Century. Roberts’ opinion said that lower courts were misunderstanding what the majority had said in that ruling. But Justice Ketanji Brown Jackson, a member of the court’s liberal wing, suggested it was the high court’s fault for not providing clarity for lower courts to follow. One deals with a Pennsylvania man’s challenge to a federal law prohibiting felons, including those who are non-violent, from possessing firearms. Solicitor General Elizabeth Prelogar presented that argument with an eye toward several other challenges pending to similar federal gun prohibitions that involve non-violent criminal activity.
Persons: John Roberts, Zackey Rahimi, ” Roberts, Donald Trump, Roberts, Ketanji Brown Jackson, Neil Gorsuch, Brett Kavanaugh, Kavanaugh, Amy Coney Barrett, ” Barrett, ” Thomas ’, Bruen, Clarence Thomas, Thomas, Elie Honig, SCOTUS, Rahimi, ” Thomas, Hunter Biden, Hunter, Biden, Daniels, Steve Vladeck, , Elizabeth Prelogar Organizations: CNN, Supreme Court, New York, Trump, US, Appeals, Supreme, Circuit, University of Texas School of Law Locations: Texas, New, Bruen, Mississippi, Delaware, Pennsylvania, Illinois
Violent people who pose a clear and immediate threat to the physical safety of others should not be allowed to possess firearms. That seems like a statement any reasonable person living in a self-governing society can readily agree with. And yet on Friday morning, it took the United States Supreme Court 103 pages of opinions, concurrences and dissent to work it all out. The good news is that eight members of the court landed on the right conclusion, agreeing that the Second Amendment permits laws like the one that stripped weapons from Zackey Rahimi, a domestic abuser and general public menace who shoots guns the way regular people shake hands. The spectacle of judges role-playing as amateur historians is embarrassing to watch, and yet the court chose to put itself in this position with its gobsmacking 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which required that any gun law be “consistent with the nation’s historical tradition of firearm regulation.”
Persons: concurrences, Zackey Organizations: United States Supreme, New York, Inc Locations: New
The Supreme Court on Monday temporarily allowed a ban to take effect in Idaho on gender-affirming treatment for minors, a signal that at least some justices appear comfortable with wading into another front in the culture wars. In siding with state officials who had asked the court to lift a block on the law, the justices were split, with a majority of the conservative justices voting to enforce the ban over the objections of the three liberal justices. The justices also specified that their decision would remain in place until the appeals process had ended. The court specified that it would allow the ban to apply to everyone except the plaintiffs who brought the challenge. Although orders on the emergency docket often include no reasoning, the decision included concurrences by Justice Neil M. Gorsuch, who was joined by Justices Samuel A. Alito Jr. and Clarence Thomas, and Justice Brett M. Kavanaugh, who was joined by Justice Amy Coney Barrett.
Persons: Neil M, Gorsuch, Samuel A, Alito Jr, Clarence Thomas, Brett M, Kavanaugh, Justice Amy Coney Barrett Organizations: Justice Locations: Idaho
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