In the podcast, they discuss oral arguments challenging the FDA's approval of mifepristone for medication abortion. They cover cases on Armed Career Criminal Act and Indian Health Services. Updates on lower court cases including immigration, guns, and Title IX are highlighted. The hosts also mention a quick reaction episode and upcoming live events.
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Quick takeaways
Supreme Court debates standing and federal protections in medication abortion case, with potential implications for Comstock Act and fetal personhood.
Justices focus on Sixth Amendment and jury findings in ARM Career Criminal Act case, exploring starry decisis and originalist perspectives.
Discussion on historical practices and relevance in legal decisions, emphasizing complexities of interpreting historical traditions during Supreme Court hearings.
Deep dives
The Medication Abortion Case: Standing and Federal Protections
The Supreme Court discusses the medication abortion case, focusing on standing and federal protections. The case involves doctors challenging FDA guidance on Mifepristone. The Court questions if the doctors have standing to challenge the FDA's regulations on Mifepristone. The lawyers argue about standing and broader conscience objections. Federal law provides conscience protections for medical procedures, but the plaintiffs did not invoke these protections.
Comstock Act Concerns and Fetal Personhood Implications
At the core of the case is the potential use of the Comstock Act to restrict medication abortion. Justices express interest in the Comstock Act and fetal personhood implications. The Court signals a future attempt to limit medication abortion distribution and raise fetal personhood issues. Concerns arise about restricting access to medication abortion and potential threat to abortion rights.
Sixth Amendment and Jury Findings in Erlinger v. United States
In the Erlinger v. United States case, the Court debates the Sixth Amendment and jury findings. The issue involves finding facts related to prior convictions under the ARM Career Criminal Act. Almondares Torres exception allows judges, not juries, to determine prior convictions' impact on penalties. The Court questions if the 'different occasion' aspect must be found by a jury or falls under an exception.
Starry Decisis, Precedent, and Originalist Perspectives
Justices show interest in starry decisis, precedent, and originalist perspectives in Erlinger case. Some justices lean towards adhering to precedent like Almondares Torres. Justice Barrett and others revisit historical context and originalist viewpoints. The Court considers historical traditions and evaluates implications for the defendant.
Supreme Court Hearings on Historical Practice
During the Supreme Court hearings, the discussion revolved around the burden of historical practice and the relevance of historical context in legal decisions. Justices scrutinized the historical traditions with some criticizing the reliance on history as a basis for rulings. The debate highlighted the complexities of interpreting historical practices to inform present-day legal judgments.
Legal Implications of Contract Support Costs for Tribes
In the case of Becerra versus San Carlos Apache Tribe, the focus was on contract support costs for tribes administering health services. The Indian Health Services' obligation to reimburse tribes for administrative overhead expenses from third-party revenues was a central issue. This case underscored the significance of federal law in empowering tribes to manage healthcare programs and the need for appropriate reimbursement to ensure program effectiveness.
Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX.
Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info.
ICYMI, we did a quick reaction episode on Tuesday right after the mifepristone case was argued