In advance of tomorrow's argument in Dobbs v. Jackson Women's Health Organization, we asked experts and advocates on both sides of the abortion debate to weigh in on how the court should approach the case. You can read our full symposium here: scotusblog.com/category/speci…
First, @marjoriesba argues that the court's abortion precedents are "hopelessly unworkable" and based on misunderstandings about women's progress. SCOTUS, she argues, should scrap those precedents and allow the democratic branches to set abortion policy. scotusblog.com/2021/11/modern…
Arguing that abortion is "a fundamental aspect of liberty and equality," @FGossGraves highlights the systemic disparities that affect the ability to decide whether and when to have children. She urges SCOTUS to affirm five decades of abortion precedent. scotusblog.com/2021/11/our-eq…
Professor Helen Alvaré of George Mason University argues that Roe v. Wade and Planned Parenthood v. Casey were "political, not constitutional, decisions" that relied on ahistorical interpretations of the 14th Amendment. scotusblog.com/2021/11/a-righ…
Finally, reproductive-rights scholar @mayamanian cites extensive data on the adverse effects of abortion restrictions and writes that a ruling in favor of Mississippi would cause devastating harm to marginalized people. scotusblog.com/2021/11/dobbs-…
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Starting momentarily: Oral argument in Dobbs v. Jackson Women’s Health Organization, a case involving Mississippi’s attempt to ban nearly all abortions after 15 weeks. The state has asked the court to overturn Roe v. Wade. We’ll be live-tweeting the argument here in this thread.
The court's marshal has gaveled in today's session, and the chief justice has called the case.
Arguing first: Scott Stewart, the solicitor general of Mississippi.
Stewart begins by saying that Roe (which established a constitutional right to abortion in 1973) and Casey (which re-affirmed Roe's core holding in 1992) "damaged the democratic process" and "poisoned the law."
Today at SCOTUS: Two oral arguments starting at 10 a.m. EST. One is on federal anti-discrimination laws. The other is on Medicare payments for drugs dispensed by hospitals -- with big questions about the doctrine of Chevron deference lurking in the background.
First up, in Cummings v. Premier Rehab Keller, the court will consider whether disabled people who are subject to discrimination can sue to recover damages for emotional distress under key federal statutes. @RachelBayefsky previews the case: scotusblog.com/2021/11/court-…
Next is American Hospital Association v. Becerra, the second case this week involving Medicare payment rules. Sound dry? It's not. As @nicholas_bagley explains, it not only affects the price we all pay for drugs; it also could curtail the Chevron doctrine. scotusblog.com/2021/11/chevro…
Happening now: Oral argument in N.Y. State Rifle & Pistol v. Bruen, a major Second Amendment case about the right to carry guns in public. We'll be live-tweeting the argument here in this thread. You can also listen in live here: supremecourt.gov/oral_arguments… scotusblog.com/case-files/cas…
The court has gaveled into session. John Roberts notes that Neil Gorsuch, who has a stomach bug, is participating in arguments remotely for the second day in a row.
Arguing first: Paul Clement, who represents two individuals who applied for licenses to carry concealed handguns in New York but were rejected because they did not show "proper cause" or a "special need" for self-defense.
Today at SCOTUS: No abortion (that was yesterday), no guns (that's tomorrow), but two more oral arguments -- one on free speech and the other on arbitration and federal jurisdiction.
First up will be Houston Community College System v. Wilson. It's a case brought by a member of a community college board who claims the college violated his First Amendment rights by censuring him for critical speech. Here's @AHoweBlogger's preview: scotusblog.com/2021/11/a-comm…
Next will be Badgerow v. Walters, a case that began as an employment-discrimination lawsuit and now raises thorny questions about federal courts' jurisdiction to confirm or vacate arbitration awards. scotusblog.com/2021/11/justic…
Coming up soon: The Supreme Court hears arguments in a pair of challenges to the Texas law that bans nearly all abortions after six weeks of pregnancy. We'll be live-tweeting the arguments here in this thread. You can listen to the arguments live here: supremecourt.gov/oral_arguments…
The court will hear two cases starting at 10 a.m. EDT. The first case was filed by abortion clinics in Texas. The question is whether the state can rely on a private-enforcement structure to insulate the abortion ban from judicial review in federal courts. scotusblog.com/case-files/cas…
The second case was filed by the Biden administration. The question is whether the federal government has the ability to sue Texas (or public officials or private parties) to block the abortion law. scotusblog.com/case-files/cas…