Judicial Opinions

  • Read more: Obstetric Battery

    Obstetric Battery

    By Nadia N. Sawicki In 2013, Kimberly Turbin came to Providence Tarzana Medical Center for a momentous occasion – the birth of her first child. In the delivery room, she was surrounded by supportive family members. Her mother stood by her side with a video recorder, hoping to capture the once-in-a-lifetime event for posterity. And this…

  • Read more: When is a juror too biased?

    When is a juror too biased?

    A new Op-Ed by Bill of Health Contributor Dov Fox on CNN: The upcoming Supreme Court term promises to be a sleeper. Still down a justice, the court isn’t slated to hear its usual blockbusters on the likes of abortion, affirmative-action or same-sex marriage. But its first day back in session does feature at least…

  • Read more: Recent Developments in Off-Label Promotion

    Recent Developments in Off-Label Promotion

    By Chris Robertson July has been a busy month for those following the controversy around off-label promotion of drugs and devices.  As many on this blog know, federal law requires that prior to marketing any drug or device, companies must prove to the FDA’s satisfaction that it is safe and effective for all intended uses.…

  • Read more: Whole Women’s Health, First Take: On the Major Victories and On Technocratic vs. Kulturkampf Approaches to Abortion Litigation at the Supreme Court

    Whole Women’s Health, First Take: On the Major Victories and On Technocratic vs. Kulturkampf Approaches to Abortion Litigation at the Supreme Court

    By I. Glenn Cohen I have just made my way through all 107 pages of Whole Women’s Health v. Hellerstedt,  the Supreme Court’s decision this morning to invalidate Texas’ H.B. 2 admitting privileges and surgical center regulations as undue burdens on the abortion right. Full disclosure I filed an amicus brief arguing for this result.…

  • Read more: Pay No Attention to Those Tens of Thousands of Women Affected by the Contraception Litigation

    Pay No Attention to Those Tens of Thousands of Women Affected by the Contraception Litigation

    By Gregory M. Lipper In her latest column, Linda Greenhouse predicts that the Supreme Court’s order in Zubik v. Burwell will not produce the desired happy compromise between the government and the religious organizations who object to the government’s arranging for their students and staff to receive contraceptive coverage from third parties. Towards the end,…

  • Read more: SCOTUS and More Surprises on Zubik

    SCOTUS and More Surprises on Zubik

    By Holly Fernandez Lynch After the 2014 SCOTUS decision in Hobby Lobby, in which a closely-held for-profit employer won the argument that the federal Religious Freedom Restoration Act protected it against enforcement of the government’s contraceptives coverage mandate, all eyes have been on what SCOTUS would do in response to a challenge to the very…

  • Read more: Zubik v. Burwell, Part 6: The Accommodation is the Least-Restrictive Option

    Zubik v. Burwell, Part 6: The Accommodation is the Least-Restrictive Option

    By Gregory M. Lipper (Read Part 1, Part 2, Part 3, Part 4, and Part 5 of this series) The plaintiffs in Zubik v. Burwell and its siblings seek to block their students and employees from receiving contraceptive coverage from third-party insurance companies and plan administrators. Even though the plaintiffs need neither provide nor pay…

  • Read more: The Curious Case Of The Docs Versus The Glocks: Firearms, The First Amendment, And Physician Speech

    The Curious Case Of The Docs Versus The Glocks: Firearms, The First Amendment, And Physician Speech

    By Wendy Parmet This new post by Wendy Parmet appears on the Health Affairs Blog as part of a series stemming from the Fourth Annual Health Law Year in P/Review event held at Harvard Law School on Friday, January 29, 2016. On February 3, 2016 the full U.S. Court of Appeals for the 11th Circuit agreed to rehear the appeal inWollschlaeger…

  • Read more: Some Very Preliminary Thoughts on Whole Women’s Health v. Hellerstedt (Texas Abortion Case) Argument

    Some Very Preliminary Thoughts on Whole Women’s Health v. Hellerstedt (Texas Abortion Case) Argument

    By I. Glenn Cohen It is always dangerous to try to glean too much from oral argument, and I have only read the transcript (no recording yet) of today’s argument in Whole Women’s Health v. Hellerstedt, and finally I filed a brief in this case on the side of the law’s challengers so I may…

  • Read more: New Developments in the Guatemala STD Experiments Case

    New Developments in the Guatemala STD Experiments Case

    By Holly Fernandez Lynch In the late 1940s, US government scientists, in collaboration with Guatemalan counterparts, were involved in a horrible array of experiments on human subjects in which a variety of vulnerable groups in Guatemala were intentionally infected with syphilis, gonorrhea, and chancroid and left without treatment. [For more on how they ended up in…