For the first time since 1996, the Supreme Court’s term has officially extended into the month of July. The Court decided five cases this week, touching on abortion, free speech, religious liberty, administrative agencies, and copyright law. It also added four cases to next term’s docket, one of which concerns the release of grand jury materials from Special Counsel Mueller’s investigation into Russian meddling in the 2016 election. Here’s a recap of the Court’s busy week.
Last Monday, the Supreme Court in June Medical Services, L.L.C. v. Russo struck down a Louisiana abortion law as unconstitutional. Abortion always makes for a blockbuster topic at the high court, but this decision was about as narrow as it could have been. The case hinged entirely on the vote of Chief Justice Roberts, whose opinion rested on an extraordinary application of stare decisis. What does this mean for Louisiana and, more importantly, future abortion cases at the Court? Read more to find out:
The Supreme Court handed down three decisions this week, each one consequential in its own regard. In the only Second Amendment case of the term, six Justices found the case to be, well, no longer a case—in other words, they dismissed it as moot and didn’t opine on the Second Amendment implications (see my in-depth analysis of the decision here [forthcoming]). Next, the Court slapped Congress and the Department of Health and Human Services on the wrist—along with a $12 billion tab due private insurers. Finally, a 5:4 majority barred legislators from copyrighting annotations they write to state laws. Here’s your brief for the week of April 27.
This week, the Justices heard oral argument in what is likely the most explosive case of the term: June Medical Services LLC v. Russo, a challenge to a Louisiana law that requires physicians who perform abortions to have “admitting privileges” at area hospitals. Another high-profile case that was argued this week is Seila Law, LLC v. Consumer Financial Protection Bureau, the constitutional challenge to the structure of the CFPB. Next, the Court decided Kansas v. Garcia, a case that asked whether the Immigration Reform and Control Act of 1986 preempts certain Kansas identity-theft statutes (the answer is no). More nuggets came in the Court’s cert grant in California v. Texas, the latest lawsuit against the Affordable Care Act’s “individual mandate”; and from a statement by Justice Gorsuch following Monday’s orders list. Here’s another packed summary of the Supreme Court’s proceedings for the week of March 2.