JURIST

APRIL 16, 2021

The US Court of Appeals for the Sixth Circuit has upheld Ohio’s HB 214 law that prohibits doctors from performing an abortion with the knowledge that a women’s reason for terminating the pregnancy is a fetal Down syndrome diagnosis. Rather, the validity of HB 214 should be decided using the “undue burden test.”

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JURIST

JULY 7, 2024

In 2019, the Kansas Supreme Court ruled in Hodes & Nauser v Schmidt that the Kansas Constitution protects a fundamental right to personal autonomy, which includes the right to decide whether to continue a pregnancy. The court imposed a permanent injunction which prevented the law from being enforced. Physicians Herbert C.

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At the Lectern

JULY 13, 2023

the Supreme Court today upholds the dismissal without trial of negligence, wrongful death, and elder abuse claims against a Medicare Advantage HMO and plan administrator for the alleged premature discharge of an 85-year-old man from a skilled nursing facility. A federal Medicare statute preempts those claims, the court concludes.

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Day on Torts

MARCH 11, 2022

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. National Health Corp. , 3d 876 (Tenn. internal citation omitted). Code Ann. §

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Constitutional Law Reporter

FEBRUARY 1, 2022

Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges.

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Day on Torts

APRIL 1, 2022

Bradley Healthcare and Rehabilitation Center , No. The Court noted that this interpretation “comports with the purpose of the certificate of good faith—weeding out frivolous lawsuits.”. Applying this reasoning to the case at hand, the Court ruled that Exhibit 7 did not satisfy the certificate of good faith requirements.

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Day on Torts

APRIL 25, 2022

While the Agreement was ‘optional,’ it was bound up in the context of a healthcare decision[.] …The We conclude that…[the daughter’s] signing the Agreement on Decedent’s behalf was part and parcel of a healthcare decision. The POA did not provide or even contemplate healthcare decision-making power for [daughter]. …The

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JURIST

NOVEMBER 13, 2024

The first “ six-week ban ,” under the state’s statute section 311.7706, prohibits doctors from terminating pregnancy if there is a detectable fetal heartbeat unless it is necessary to prevent the mother’s death or substantial and irreversible impairment. The case concerns two different abortion bans. Wade in June 2022.

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JURIST

DECEMBER 12, 2023

The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban. Her health is on the line.

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The Crime Report

DECEMBER 1, 2022

The National Advocates for Pregnant Women, a legal advocacy group, says Wisconsin’s fetal protection law is the most “egregious” of the civil statutes in the country. Loertscher’s legal team — which included now-Attorney General Josh Kaul — was most successful, securing a federal court ruling that deemed the law unconstitutional.

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Laws Attorney Court Legal 126

SCOTUSBlog

JANUARY 13, 2022

Share With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Supreme Court on Thursday put the Biden administration’s vaccine-or-test mandate for large employers on hold, while litigation over its legality continues in the lower courts.

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SCOTUSBlog

MARCH 28, 2025

In 2016, Catholic Charities sought an exemption from having to pay a Wisconsin unemployment tax for its employees, arguing that they fall within a provision of the statute that carves out from the definition of employment anyone who works for (as relevant here) an organization operated primarily for religious purposes.

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SCOTUSBlog

APRIL 18, 2025

This week, we highlight petitions asking the court to consider, among other things, whether to overturn a ruling by the Montana Supreme Court that struck down a state law requiring minors under the age of 18 to get consent from their parents before obtaining an abortion. 1101(a)(42). Jacobson v. Republican National Committee v.

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SCOTUSBlog

JANUARY 6, 2022

A federal district court in Missouri put the rule on hold for 10 states, while a federal district court in Louisiana did the same for 14 other states. The states argue that the provision on which the government relies is a “housekeeping statute” that does not give HHS the broad power that the government claims.

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LegalTalkNetwork

JULY 10, 2024

United States , the Supreme Court ruled that former President Donald J. The justices remanded the case to the lower courts for further analysis, indicating that the president may be prosecuted for private conduct but not for official acts. Here are some of the most buzzworthy decisions and their far-reaching effects.

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SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow.

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SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request.

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SCOTUSBlog

MAY 24, 2024

Court of Appeals for the 6th Circuit to lift those orders while they appealed. The court of appeals refused, instead expediting argument. By a split vote, the 6th Circuit then reversed the lower courts’ rulings , concluding that the states were likely to win their appeals. The court thus allowed the laws go into effect.

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