In a 5-4 decision in Whole Woman’s Health v. Jackson the Supreme Court allowed Texas’s abortion law to remain in effect while it is further litigated in the lower courts. The law prohibits abortions after approximately six weeks and allows private citizens to enforce it.
Continue readingSCOTUS Requires Biden Administration to Reinstate “Remain in Mexico”
The Supreme Court has allowed the Fifth Circuit’s order to remain in place requiring the Biden administration to reinstate “Remain in Mexico” while litigation over this issue continues.
Continue readingSLLC Files Supreme Court Brief Supporting NYC Police Officer
The SLLC argues that Thompson should lose his claim for “unreasonable seizure pursuant to legal process” for two reasons.
Continue readingSLLC Files Supreme Court Brief in Billboard Case
In the City of Austin, Texas v. Reagan National Advertising of Texas Inc., the State and Local Legal Center (SLLC) argues in a U.S. Supreme Court amicus brief that states and local governments should be able to regulate off-premises billboards differently than on-premises signs.
Continue readingJustice Breyer Rejects Maine Church’s Request for Relief from COVID Restrictions Not Currently in Place
Justice Breyer, acting alone, ruled against a Maine church objecting in an emergency petition to the state’s COVID-restrictions on churches. Justice Breyer issued no written decision explaining his reasons. But it is likely he ruled this way because since May 24, 2021, Maine has had no capacity restrictions on indoor gatherings at houses of worship.
Continue readingSupreme Court to Decide Maine School Choice Case
In Carson v. Makin the U.S. Supreme Court will decide whether Maine has violated the U.S. Constitution by refusing to fund, as part of a generally available student-aid program, attending schools that provide religious, or “sectarian,” instruction.
Continue readingSCOTUS to Decide if State Medicaid may Recover Future Medical Expense Settlements (to Pay for Past Costs)
In Gallardo v. Marstiller the U.S. Supreme Court will decide whether the federal Medicaid Act allows a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the beneficiary’s tort recovery that compensate for future medical expenses.
Continue readingSCOTUS to Decide Hospital Stay Medicare Reimbursement Case
The issue in Becerra v. Empire Health Foundation is whether for calculating the disproportionate share hospital payment, Health and Human Services (HHS) may include in the Medicare fraction all of the hospital’s patient days of individuals who qualify for Medicare Part A benefits, regardless of whether Medicare actually paid the hospital for those particular days.
Continue readingSupreme Court to Decide whether Emotional Distress Damages are Available under Federal Antidiscrimination Statutes Applicable to States and Local Governments
In Cummings v. Premier Rehab Keller the Supreme Court will decide whether people who are discriminated against in violation of five federal statutes may sue for emotional distress damages.
Continue readingSupreme Court Strikes Down State Charity Donor Disclosure Requirement
In Americans for Prosperity Foundation v. Bonta the U.S. Supreme Court held 6-3 that California violated the First Amendment by requiring charitable organizations to disclose their major donors to the state attorney general.
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