"We still enjoy the right to make our own reproductive decisions in Minnesota, at least for now," says Mitchell Hamline School of Law professor Laura Hermer. "But our rights will not be secure without the passage of something like the Equal Rights Amendment, which once again failed in the last legislative session."
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What were the most notable cases on state constitutional law in 2023? State Court Report asked leading experts, who told us about court decisions on reproductive rights, climate protection, gerrymandering, and more. Read more on #StateCourtReport. #Constitution #Law #2023trends: https://lnkd.in/gf4p9V4X
2023’s Most Significant State Constitutional Cases
statecourtreport.org
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Over the last two years, the extreme right-wing majority on the Supreme Court ended affirmative action in higher education; overturned Roe v. Wade, allowing states to enact abortion bans; and created new legal doctrines to gut environmental protections. This year appears to continue the trend. The cases before the Supreme Court broadly threaten to undermine the rule of law, throw more power to corporations than ever, and treat presidents as kings—free to act with legal impunity. These critical cases are being decided while the court is in the midst of an ethical maelstrom: Justice Thomas has received more than $4 million in gifts from right-wing special interests and benefactors and Justice Sam Alito’s homes have had flags sympathetic to January 6 insurrectionists flown outside them. There is little reason to wonder that the Supreme Court’s approval rating is at an all-time low of 34.2 percent. The Supreme Court appears to be careening further out of control this term, and the need for substantive reforms—to remind the justices that they are just one coequal branch of government—have never been more necessary. A new report from Devon Ombres outlines the threats to rule of law posed by this Supreme Court term, and how we can fight back against a radical Supreme Court majority.
The Major SCOTUS Cases: Threats to the Rule of Law Posed by the Supreme Court’s 2023 Term
https://www.americanprogress.org
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Business Development | Corporate Training | Department Coordinator | Insurance Professional | Mentor | Volunteer | CE Live Instructor
Following this important story.
👉 We are partnering with the Wisconsin Institute for Law & Liberty to stop the latest attempt to enshrine abortion as a “constitutional right” in the Wisconsin Constitution. We just intervened on behalf of a handful of pro-life organizations to stop the Wisconsin Attorney General from cutting corners and turning state law on its head. Stay tuned for more updates to come. https://hubs.la/Q02pmRgL0
WILL Opposes Effort to Make Abortion a “Constitutional Right” in Wisconsin | Wisconsin Institute for Law & Liberty
https://will-law.org
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Failures in the “Laboratories of Democracy” and Democratic Due Process as Constitutional Guardrails Process as Constitutional Guardrails - PDF: https://lnkd.in/ghGafE4k In Dobbs v. Jackson Women’s Health Organization, the Supreme Court reversed decades of precedent supporting a substantive due process right to abortion under the Fourteenth Amendment, and purported to return the question of reproductive autonomy to the “democratic process” in the states. Justice Thomas, writing in concurrence, militated for reconsidering all of the Court’s substantive due process precedents. In today’s era of democratic backsliding, these are dangerous pronouncements with grave, if not existential, implications for democracy in the United States. The Dobbs majority hazardously asserted that state-level abortion legislation would, in fact, be the result of a democratic process. Further, because the law of democracy draws extensively from substantive due process, including where the Fourteenth Amendment “incorporates” textually enumerated constitutional rights against the states, the broader threat to substantive due process in the Dobbs majority opinion and Justice Thomas’s concurrence is also a direct threat to democracy itself. Although the literature on democracy and the literature on substantive due process are both individually voluminous, there is surprisingly limited scholarship focused specifically on both as interrelated topics. Building from democratic theory and John Hart Ely’s political process theory of judicial review, this Article seeks to begin elaborating on the important connections between democracy and substantive due process that help explain the legal and practical importance of each to the other. In doing so, it also attempts to lay the groundwork for an approach to substantive due process rooted in the Federal Constitution’s vision of democratic self-government for a diverse society. #Democracy #SubstantiveDueProcess #ProceduralDueProcess #staredecisis #democracticbacksliding
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Adam Laughton's Week in Healthcare (Coming to You From Idaho Edition)-- Utah Supreme Court Upholds Injunction on Utah's "Trigger Law" (https://lnkd.in/gig9-uWv The law, which went into effect (or was triggered) when SCOTUS issued the Dobbs decision, would have imposed criminal penalties for almost all abortions except for a few narrow exceptions. The local Planned Parenthood affiliate, PPAU, challenged the ban as violating provisions of the Utah Constitution. The district court granted a preliminary injunction in 2022, and the State of Utah fought back. The UT Supreme Court voted 4-1 to allow the injunction to standing, finding (contrary to the State's assertion) that (i) PPAU has standing to request the injunction, and (ii) the district court had not abused its discretion in granting the injunction. Neither the district court nor the Utah Supreme Court discussed the substantive issues behind the challenge. The decision highlights a couple of key factors in the ongoing series of disputes around abortion in the states; first, the trend towards recognizing state constitutions as being independent grounds of rights and protections, and second, the frequency with which these types of cases (like the recent SCOTUS decision on mifepristone) turn on narrow technical grounds. #healthcare
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ONE WEEK TO SCOTUS 🏛️ On Wednesday, April 24th, the state of Idaho will face off against the Biden administration in America’s highest courtroom. In many ways, Idaho isn’t merely defending its own pro-life law. It’s defending EVERY state that took the U.S. Supreme Court at its word: “the authority to regulate abortion is returned to the people and their elected representatives.” The Biden administration is trying to undo the Dobbs ruling, invent a federal abortion mandate, and nullify the pro-life laws of more than 20 states. To do so, it’s twisting a federal law that was intended to SAVE life, not end it. In essence, the Biden administration is trying to use one pro-life law to invalidate another. ADF is proud to assist the AG of Idaho and stand against this brazen power grab. We’ll be livestreaming the oral arguments, with commentary beforehand and afterward. TUNE IN LIVE 📺 9:45am ET: adflegal.org/emtala Idaho protects life. The Constitution protects its right to do so.
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Appellate attorney | Embedded appellate counsel for trial litigation | California and Ninth Circuit appeals | Legal writing enthusiast
Yesterday, the Supreme Court granted cert and a stay in a case about whether federal law preempts Idaho's ban on abortions. Many commentators will talk about what's next. But their focus will be on what is happening in the Supreme Court. Here's a look at this development from the 9th Circuit's perspective. A recap: The federal government sued Idaho, arguing that federal law preempted Idaho's abortion ban. A federal court granted a preliminary injunction. Idaho and its legislature appealed and asked for an emergency stay. A 3-judge panel granted the stay. The court then granted the fed's motion for reconsideration en banc, vacating the 3-judge panel's order. A few weeks later, the en banc court hadn't acted on the emergency stay motion. The Idaho legislature filed a "nudge" motion, asking for a ruling on the stay request. Its approach was a little brazen. One way of reading it is: "Can you deny our motion already so we can move on to SCOTUS? Your decision will be important, but we all know that SCOTUS will have the last word." (See the brief excerpt in the attached image.) The en banc panel denied the stay request (over 4 dissenting votes) and scheduled the case for oral argument. As forecasted, Idaho then sought a stay from SCOTUS. SCOTUS didn't just grant the stay request. It treated the request as a petition for cert before judgment and granted cert. The perhaps unexpected cert grant has ramifications for the 9th Circuit. The en banc oral argument was just two weeks away. No doubt judges and their law clerks had poured a lot of time into studying the briefs, preparing bench memos, and likely analyzing bench memos from other chambers. But all that goes away by SCOTUS snatching the case. I, for one, would have liked to see what happened in the 9th Circuit, especially based on the draw of judges for the en banc panel. We'll probably never know. #appellatelinkedin #ninthcircuit #appeals
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Democrats in the Arizona House of Representatives will seek to repeal an 1864 ban on abortion that is poised to become state law once again, but they will need the help of some Republicans in the closely divided legislature. A state Supreme Court ruling on April 9 revived a ban on nearly all abortions under a law written during the U.S. Civil War when Arizona was not yet a state and women lacked the right to vote. With Republicans holding a 31-29 advantage, Democrats would need at least two Republicans to join them to succeed. If the repeal passes in the House, Democrats also would need help in the Senate, where Republicans hold a 16-14 edge. Read more: https://lnkd.in/gQp5D7cA #legal
Arizona Republicans uphold 1864 abortion ban, Democrats still seek repeal
reuters.com
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When anti-choice extremists discuss restricting our fundamental freedoms, they often cite the Comstock Act. What is the Comstock Act, and how does this 1873 law impact the state of reproductive freedom today? Learn more 👇 https://lnkd.in/g9sZztrD
What is the Comstock Act? The 151-year-old law mentioned in SCOTUS abortion pill case
abcnews.go.com
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Fair enough. Yes, the #GOP is a disgusting political party with absolutely abhorrent ideologies designed around control of women, white supremacy, and control of the working class, amongst other things. Just don’t delude yourself into thinking that any other political party is the #Solution. You need only ask yourself this question to know the truth; why was #RoeVsWade a political tool for 50 years? Why didn’t the Democratic Party codify it into law when they had the chance? Every chance? All the chances? We, the people, are the solution. If you’re not capable of being combative with any politician, and willing to abandon any political party, if you’re not willing to be a credible threat to corporate power and hegemony, then it doesn’t matter who you vote for, or who holds public office; they will be commandeered by whoever applies the most pressure. That will either be #corporations and #oligarchs, or it will be us. Choose.
The state of Texas is questioning the legal rights of an “unborn child” in arguing against a lawsuit brought by a prison guard who says she had a stillborn baby because prison officials refused to let her leave work for more than two hours after she began feeling intense pains similar to contractions. The argument from the Texas attorney general’s office appears to be in tension with positions it has previously taken in defending abortion restrictions, contending all the way up to the U.S. Supreme Court that “unborn children” should be recognized as people with legal rights. It also contrasts with statements by Texas’ Republican leaders, including Gov. Greg Abbott, who has touted the state’s abortion ban as protecting “every unborn child with a heartbeat.” https://lnkd.in/gJqv8ZU3
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