SCOTUS NEWS
on Jan 29, 2024
at 1:47 pm
The Supreme Court docket will hear oral argument on Mar. 26 within the battle over entry to a drug utilized in remedy abortions, which account for over half of all abortions carried out in the USA. The justices on Monday morning launched the calendar for his or her March argument sitting, which begins on Mar. 18 and ends on Mar. 27.
The argument in Meals and Drug Administration v. Alliance for Hippocratic Medication and Danco Laboratories v. Alliance for Hippocratic Medication, which will probably be heard collectively, headlines the March calendar. It’s the first time because the court docket’s 2022 ruling in Dobbs v. Jackson Ladies’s Well being Group, overturning the constitutional proper to an abortion, that the justices will weigh in on the problem of abortion.
The drug on the heart of the case, mifepristone, is half of a two-drug protocol used to finish pregnancies of their early levels. A gaggle of docs and medical teams against abortion challenged the FDA’s approval of the drug final yr, arguing that the protocol is “unsafe.”
In August, the U.S. Court docket of Appeals for the fifth Circuit turned down the challengers’ request to revoke the FDA’s preliminary approval of the drug in 2000, ruling that the lawsuit got here too late, however it rolled again later actions by the FDA that elevated entry to the drug, equivalent to permitting it for use later in being pregnant. The drug, nonetheless, stays broadly obtainable on account of a brief order issued earlier in 2023 by the Supreme Court docket.
The FDA and Danco, which manufactures mifepristone, got here to the Supreme Court docket final yr, asking the justices to assessment the fifth Circuit’s resolution, which they agreed in December to do.
The March calendar can even function one other high-profile case, involving the flexibility of presidency officers to speak with social media firms about their content material moderation insurance policies. In Murthy v. Missouri, a federal district choose agreed with a gaggle of particular person plaintiffs – together with epidemiologists and physicians who contend that their social media posts criticizing COVID-19 insurance policies had been censored – and two states that the federal authorities had “apparently engaged in an enormous effort to suppress disfavored conservative speech.” U.S. District Decide Terry Doughty issued an order that restricted communications between the White Home and several other authorities businesses about just about all content material.
After the fifth Circuit largely upheld Doughty’s order, the Biden administration got here to the Supreme Court docket, which put Doughty’s order on maintain and agreed to weigh in.
Right here is the complete record of circumstances scheduled for oral argument in March, together with a quick abstract of the query offered in every:
Murthy v. Missouri (Mar. 18): Whether or not the federal authorities’s conduct reworked the content material moderation selections by non-public social media firms into authorities motion and due to this fact violated the First Modification, and whether or not the challengers have a authorized proper to deliver their lawsuit.
Nationwide Rifle Affiliation v. Vullo (Mar. 18): Whether or not the pinnacle of New York’s Division of Monetary Companies violated the Nationwide Rifle Affiliation’s freedom of speech by urging banks and insurance coverage firms that labored with the NRA to chop their ties with the group.
Diaz v. United States (Mar. 19): Whether or not prosecutors in a drug-trafficking case can name a authorities witness to supply skilled testimony to rebut a defendant’s rivalry that she didn’t know that she was carrying medication.
Truck Insurance coverage Change v. Kaiser Gypsum Co. (Mar. 19): Whether or not an insurer with accountability for a chapter declare is a “occasion in curiosity” that may object to a plan of reorganization beneath Chapter 11 of the Chapter Code.
Gonzalez v. Trevino (Mar. 20): What sorts of proof should a plaintiff alleging that she was arrested in retaliation for speech protected by the First Modification present to qualify for the exception outlined in Nieves v. Bartlett, which holds that though plaintiffs should usually present that police didn’t have possible trigger to arrest them, they will additionally present that they had been arrested when others who had not been engaged in protected speech wouldn’t have been.
Texas v. New Mexico and Colorado (Mar. 20): Newest chapter in a long-running water dispute over the apportionment of the waters of the Rio Grande, and particularly efforts by Texas and New Mexico to settle the dispute over the objection of the federal authorities.
Becerra v. San Carlos Apache Tribe & Becerra v. Northern Arapaho Tribe (Mar. 25): Whether or not Native American tribes that handle their very own well being care applications are entitled to obtain funds from the Indian Well being Service to cowl the prices related to providers lined by insurance coverage.
Harrow v. Secretary of Protection (Mar. 25): Whether or not the 60-day deadline for a federal worker to petition the U.S. Court docket of Appeals for the Federal Circuit to assessment a closing resolution of the Benefit Methods Safety Board is jurisdictional.
FDA v. Alliance for Hippocratic Medication & Danco v. Alliance for Hippocratic Medication (Mar. 26): Whether or not the challengers have a proper to deliver a lawsuit to problem the FDA’s 2016 and 2021 actions growing entry to mifepristone; whether or not these actions had been unreasoned; and whether or not the district court docket correctly granted non permanent aid.
Erlinger v. United States (Mar. 27): For functions of the Armed Profession Felony Act, which imposes an enhanced sentence for illegal possession of a firearm if the defendant has three convictions “dedicated on events totally different from each other,” ought to a jury or a choose determine whether or not the crimes occurred on totally different events?
Connelly v. United States (Mar. 27): Whether or not the proceeds of a life-insurance coverage taken out by a carefully held company on a shareholder to facilitate the redemption of the shareholder’s inventory ought to be thought of a company asset when calculating the worth of the shareholder’s shares for functions of the federal property tax.
