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☆ Inside the Supreme Court’s compromise on Idaho’s abortion ban
▼ + stars: | 2024-07-29 | by ( Joan Biskupic | ) edition.cnn.com time to read: +13 min

Instead, a series of negotiations led to an eventual compromise decision limiting the Idaho law and temporarily forestalling further limits on abortion access from the high court. This exclusive series on the Supreme Court is based on CNN sources inside and outside the court with knowledge of the deliberations. The Idaho law had exemptions only to prevent death of the pregnant woman and in instances of rape or incest. It issued formal guidance saying the Emergency Medical Treatment and Labor Act (EMTALA), which requires stabilizing treatment regardless of a patient’s ability to pay, would preempt any state abortion ban in situations when an emergency termination was needed. Idaho lost in an initial proceeding in a US district court, as a judge issued a temporary injunction against the abortion ban.

Persons: Roe, Wade, Biden, John Roberts, SCOTUS, Elizabeth Prelogar, Idaho’s, Amy Coney Barrett, ”, Roberts, Brett Kavanaugh, Barrett, “ improvidently, ” Barrett, Kavanaugh, ’, Elena Kagan, ‘, – Samuel Alito, Clarence Thomas, Neil Gorsuch, Alito, Thomas, Sonia Sotomayor, Kagan, Jackson, Sotomayor, Ketanji Brown Jackson, “, ” Alito, ” Jackson Organizations: CNN, Supreme, Republican, Democratic, Labor, Justice Department, Idaho, United, Jackson, Health Locations: Idaho, EMTALA . Idaho, SCOTUS Idaho, Sacramento, Dobbs v, Moyle v, United States

☆ The Abortion Case That Has Much to Say About the Supreme Court - The New York Times
▼ + stars: | 2024-07-03 | by ( Linda Greenhouse | ) www.nytimes.com time to read: +1 min

Last Thursday, nine weeks after hearing argument, the court dismissed the case as “improvidently granted,” meaning that the court, upon reflection, should not have accepted the case for review. The litigation in the lower federal courts involved a dispute over Idaho’s defiance of that federal law. The case now returns to the lower courts, where it stood before the Supreme Court intervened on the state’s behalf. Dismissal of a case, which happens maybe once or twice a term, has no formal meaning as a precedent and usually not much meaning at all. But it seems to me that the fate of this particular case, Moyle v. United States, has much to tell us about the Supreme Court at a supremely fraught moment.

Persons: “ improvidently, Donald Trump, Moyle Locations: Idaho, United States

☆ Opinion | The Supreme Court Puts the Pro-Life Movement to the Test
▼ + stars: | 2024-06-30 | by ( David French | ) www.nytimes.com time to read: +1 min

Rarely has a Supreme Court case had less legal meaning and greater moral weight than the decision Thursday morning in Moyle v. United States. The case was of such little legal consequence that you might have already forgotten about it; you’ve lost it in the haze of a shocking presidential debate and a host of far more consequential Supreme Court decisions. But Moyle illuminates a deep conflict within the anti-abortion movement, and the way the pro-life movement resolves that conflict will affect American life and politics for decades to come. The court dismissed the case as “improvidently granted.” In plain English, it means that it never should have taken the case in the first place. Even though Justices Elena Kagan,Amy Coney Barrett and Samuel Alito wrote their own opinions, those opinions do not bind the lower courts the way a true Supreme Court majority opinion binds every federal court.

Persons: you’ve, Moyle, “ improvidently, Elena Kagan, Amy Coney Barrett, Samuel Alito, ”, Reagan Organizations: Labor Locations: Moyle v, United States, Idaho

☆ Oral dissents are back in vogue at the Supreme Court as liberals lament latest rulings
▼ + stars: | 2024-06-29 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —As the conservative Supreme Court majority has won case after case in recent days, liberal dissenters are having their moment in the courtroom. Other justices stared out at spectators or down at notes, perhaps anticipating the next opinions, and dissents, to be revealed. The court majority reversed a 1984 milestone that required judges to defer to reasonable agency interpretations of their congressional mandates. Her oral dissent lasted nearly 15 minutes, about five minutes longer than Roberts’ rendition of the majority opinion. They begin with the author of the majority opinion delivering the facts of the case, law involved, and the resolution.

Persons: Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Neil Gorsuch, Sotomayor, ”, “, ” Gorsuch, John Roberts, Kagan, Roberts, They’ve, Kagan’s, ” Kagan, Roe, Wade, Gorsuch, Sotomayor’s, Antonin Scalia, Jackson, Amy Coney Barrett, Barrett, improvidently, Samuel Alito, Clarence Thomas, ” Alito, Biden, chiding Organizations: CNN, Friday, Natural Resources Defense, “, Securities and Exchange Commission, SEC, US Justice Department, Labor, Conservative Locations: Oregon, Grants, American, Idaho

☆ Supreme Court Allows, for Now, Emergency Abortions in Idaho
▼ + stars: | 2024-06-27 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The Supreme Court said on Thursday that it would dismiss a case about emergency abortions in Idaho, temporarily clearing the way for women in the state to receive an abortion when their health is at risk. The decision, which did not rule on the substance of the case, appeared to closely mirror a version that appeared briefly on the court’s website a day earlier and was reported by Bloomberg. A court spokeswoman acknowledged on Wednesday that the publications unit had “inadvertently and briefly uploaded a document” and said a ruling in the case would appear in due time. The joined cases, Moyle v. United States and Idaho v. United States, focus on whether a federal law aimed at ensuring emergency care for any patient supersedes Idaho’s abortion ban, one of the nation’s strictest. The state outlaws the procedure, with few exceptions unless a woman’s life is in danger.

Persons: improvidently, ”, “, Moyle Organizations: Bloomberg, United Locations: Idaho, United States

☆ Supreme Court Appears Poised to Allow, for Now, Emergency Abortions in Idaho
▼ + stars: | 2024-06-26 | by ( Abbie Vansickle | More About Abbie Vansickle | ) www.nytimes.com time to read: +1 min

The Supreme Court seems poised to temporarily allow emergency abortions in Idaho when a woman’s health is at risk, according to Bloomberg News, which reported on Wednesday that a copy of an opinion briefly appeared on the court’s website. It was unclear whether the document was final and a spokeswoman for the court declined to confirm what had been posted to its website, saying only that a decision in the case, Moyle v. United States and Idaho v. United States, would eventually be released. “The court’s publications unit inadvertently and briefly uploaded a document to the court’s website,” said the spokeswoman, Patricia McCabe. “The court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course.”According to Bloomberg, which did not immediately post the document online, the ruling indicated that a majority of the court had agreed to dismiss the case as “improvidently granted.”

Persons: Moyle, ”, Patricia McCabe, “, “ improvidently Organizations: Bloomberg News, United, Bloomberg Locations: Idaho, United States, Moyle v

☆ Justices Appear to Mistakenly Reveal a Key Abortion Ruling
▼ + stars: | 2024-06-26 | by ( Matthew Cullen | ) www.nytimes.com time to read: +1 min

The Supreme Court seems poised to temporarily allow emergency abortions in Idaho when a woman’s health is at risk, according to a copy of what appeared to be the court’s opinion that was posted today, and then removed, from the court’s website. The majority’s unsigned opinion said that the case was “dismissed as improvidently granted” — rather than decided on merits — according to the 22-page document, which was published this afternoon by Bloomberg News. Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. A spokeswoman for the Supreme Court said that the document had been “inadvertently” uploaded by its publications unit. It would be the second time this term that the justices have deflected ruling on the merits of abortion.

Persons: “, improvidently, ” —, Samuel Alito, Clarence Thomas, Neil Gorsuch Organizations: Bloomberg News Locations: Idaho

CNN —Former special prosecutor Nathan Wade says he believes Donald Trump will “absolutely” be put on trial in Georgia in the 2020 election subversion case – even if he wins a second term and he’s in the White House at the time. The question of whether a sitting US president can be forced to stand trial for state-level criminal charges has never been litigated. Wade said in the interview Wednesday that he expects prosecutors and defense attorneys will have to confront that unprecedented scenario if Trump wins the 2024 election. Nathan Wade was asked if he thinks Trump can still be on trial as president. Trial court Judge Scott McAfee had previously ruled that Willis could remain on the case if Wade stepped away, prompting his resignation.

Persons: Nathan Wade, Donald Trump, Wade, Fani Willis, CNN’s, Trump, “, ”, ” Wade, Willis, Nathan Wade’s, Kaitlan Collins Willis, Scott McAfee’s, Fani, improvidently, Steve Sadow, Scott McAfee, McAfee Organizations: CNN, Trump, Peach State, Georgia, Appeals, Wednesday, Atlanta Judicial Circuit Locations: Georgia, Fulton County, Peach, State of Georgia, Atlanta

Circuit Court of Appeals "for review in the ordinary course and in advance of the 2024 congressional elections in Louisiana." Democrats have accused Republicans of exploiting state legislature majorities to draw electoral maps that dilute the clout of Black and other minority voters. The map was challenged by Black voters and civil rights groups in two lawsuits. The plaintiffs in court papers said that "stark racially polarized voting almost universally leads to the electoral defeat of Black-preferred candidates" in Louisiana. The Supreme Court in that ruling elected not to further roll back protections contained in the Voting Rights Act as it had done in two major decisions in the past decade.

Persons: Kyle Ardoin, Shelly Dick, Jon Bel Edwards, Black, Dick, Andrew Chung, Will Dunham Organizations: U.S . House, U.S, Supreme, Republican, Black, . House, Circuit, Republicans, Democratic, disenfranchising, The U.S, Thomson Locations: Louisiana, Alabama, Orleans, United States, Louisiana's, The, New York

☆ Supreme Court allows for Louisiana congressional map to be redrawn to add another majority-Black district
▼ + stars: | 2023-06-26 | by ( Tierney Sneed | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court on Monday allowed the Louisiana congressional map to be redrawn to add another majority-Black district. The appeals court expedited a fuller review of the case, but those proceedings were frozen last summer once the Louisiana officials successfully sought intervention from the Supreme Court. The Supreme Court in late June of last year, took up the case but put it on pause while it decided the challenge to the Alabama map. The state’s opponents countered that the district court in the Louisiana case had decided that the 5-1 map likely violated the Voting Rights Act under the same exact legal test the Supreme Court sanctioned in its Alabama ruling. “Black voters in Louisiana have suffered one election under a congressional map that unlawfully dilutes their political influence.

Persons: “, ”, Steve Vladeck, Vladeck, Shelly Dick, John Bel Edwards, Dick, Robinson, –, Milligan, Abha Khanna, ” Khanna, ” Angelique Freel Organizations: CNN, Alabama, CNN Supreme, University of Texas School of Law, Appeals, Fifth Circuit, Republican, Democratic Gov, Louisiana State, NAACP, Louisiana Republican, Elias Group Locations: Louisiana, Black, Alabama, ” Louisiana

Many of the details of the case are unclear, as the names of the law firm and client have been kept from the public record during the normally secretive grand jury probe. The law firm says it prepared the client's tax returns and also provided legal advice on how to determine ownership of cryptocurrency assets and value them. Those records, the firm said, were "dual-purpose" communications that contained legal advice as well as non-legal, advice concerning the preparation of its tax returns. Circuit Court of Appeals upheld the lower-court judge in saying legal advice had to be the "primary" purpose of the communication to qualify for attorney-client privilege. She jokingly asked a lawyer for the law firm to comment on "the ancient legal principle of 'if it ain't broke, don't fix it.'

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