Case v. Montana and Police Responses to Mental Health Calls
On Sept. 27, 2021, Army veteran William Case became one of many Americans shot by police while experiencing a mental health crisis.
Supreme Court
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Read more: Skrmetti: Treating a Disease Label, Not a Child Skrmetti: Treating a Disease Label, Not a Child
In the highly polarized case of United States v. Skrmetti, the Supreme Court upheld Tennessee’s legislative denial of two types of medical care for gender dysphoria in young people. In so doing the decision conscripted medical decision-making for trans youth from doctors and vested it in the legislature.
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Read more: Pace Law Review Symposium Edition: “Bioethics After Dobbs” Pace Law Review Symposium Edition: “Bioethics After Dobbs”
By James Toomey On June 24, 2022, the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, overturning the canonical precedent Roe v. Wade and holding that the federal constitution does not protect the right to an abortion. Dobbs has once again thrust abortion to the center of the national political conversation, as states around…
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Read more: A Disproportionate Share Payment Calculation Case in the Post-Chevron Era A Disproportionate Share Payment Calculation Case in the Post-Chevron Era
By Zack Buck Yet another case that examines the authority of administrative agencies to interpret health care laws will make its way to the Supreme Court next term. And the case could have major implications for hospital financing as well. In June 2024, the U.S. Supreme Court granted cert in Advocate Christ Medical, et al….
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Read more: Evidence and Authority in Abortion Law Evidence and Authority in Abortion Law
by Rachel Rebouché Two years after deciding the case that overturned a constitutional right to abortion, the Supreme Court heard two cases on abortion law this term. The first involved a challenge to the U.S. Food and Drug Administration’s approval and regulation of mifepristone, the first drug in a medication abortion. The second concerned the…
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Read more: The Ever-Expanding Right to Refuse to Provide Healthcare The Ever-Expanding Right to Refuse to Provide Healthcare
By Elizabeth Sepper For the past decade, a blockbuster religion law case has been a feature of every Supreme Court term. The Court dramatically eased the ability of employers to claim religious exemptions. It overturned long-standing Establishment Clause precedent. And it revolutionized Free Exercise Clause doctrine to favor objectors to public health measures and antidiscrimination…
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Read more: Another Weapon in the Arsenal: Ghost Guns, the Second Amendment and the Downfall of the Administrative State Another Weapon in the Arsenal: Ghost Guns, the Second Amendment and the Downfall of the Administrative State
By Michael R. Ulrich Many advocates, legal scholars, and public health researchers concerned about the gun violence epidemic in the United States have viewed the Supreme Court’s Second Amendment doctrine as the greatest barrier to reform. A rare victory for the government, announced at the end of the 2023 Supreme Court term, may signal a…
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Read more: Inter-Loper: Loper Bright and Judicial Intrusion on Agency Prerogatives Inter-Loper: Loper Bright and Judicial Intrusion on Agency Prerogatives
By Nathan Cortez If you wanted quick medical advice, you’d ask your friend with an MD or BSN. Not a JD. Likewise, if you wanted to know how to regulate nitrogen oxide under the Clean Air Act, you’d probably trust the scientists at Environmental Protection Agency (EPA) over the judges on a court that referred…
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Read more: Supreme Court Preview: Key Health Law Issues for the 2024 Term Supreme Court Preview: Key Health Law Issues for the 2024 Term
This digital symposium, Supreme Court Preview: Key Health Law Issues for the 2024 Term is guest-edited by Cary Franklin and Lindsay F. Wiley. Authors explore the restructuring of individual rights and governmental and private institutional powers and responsibilities related to health. The commentaries parse the effects of last year’s SCOTUS decisions, prognosticate the potential impact…
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Read more: Free Speech versus Public Health: The Role of Social Media (Part Two) Free Speech versus Public Health: The Role of Social Media (Part Two)
By Claudia E. Haupt In addition to the conflict between free speech and public health in connection with social media, the role of social media as a public health hazard in itself has gained attention. Social Media’s Public Health Harms In a New York Times essay published on June 17, 2024, the Surgeon General proposed…
