ABA Journal

Health Law

2917 ABA Journal Health Law articles.

Supreme Court nears end of term amid conflict and discord

“What we have now is kind of a perfect storm,” says Stefanie Lindquist, a professor of law and political science at the Sandra Day O’Connor College of Law at Arizona State University. “The court is sort of rattled by all the political instability that we’re all experiencing writ large.”

SCOTUS rules for US citizen who says return of her child to Italy poses grave risk of harm

The U.S. Supreme Court ruled Wednesday that U.S. courts can refuse to return children to their home countries in situations posing a grave risk of harm without considering all measures that could reduce the risk.

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says

Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California…

Private companies in Oregon jails must follow state anti-bias law, top state court rules

The Oregon Supreme Court has ruled that private contractors providing services in the state’s prisons are subject to the state law barring discrimination against those with disabilities.

Supreme Court is more conservative than most Americans, surveys show

The U.S. Supreme Court’s decisions have recently become more conservative than the policy preferences of most Americans, according to a series of three surveys taken in 2010, 2020 and 2021.

Armed man accused of threatening Kavanaugh is arrested near justice’s home

Updated: A man with a gun and zip ties was arrested early Wednesday near the Maryland home of U.S. Supreme Court Justice Brett Kavanaugh, according to court documents.

Kagan joins majority as Supreme Court allows state to recoup Medicaid costs from injury settlement

The U.S. Supreme Court ruled Monday that a state’s Medicaid program can seek reimbursement from lawsuit settlement payments allocated for the future care of accident victims.

Supreme Court backlog is the largest in percentage terms since at least 1950

More than half of the cases on the U.S. Supreme Court’s docket have yet to be decided.  As of Friday, the court had 33 opinions remaining, which amounts to 53% of its argued cases this term.

Pro-Trump lawyer’s challenge to bar’s mental exam order can’t be heard by federal courts, 11th Circuit says

A federal appeals court has upheld the dismissal of a pro-Trump lawyer’s lawsuit contending that the State Bar of Georgia violated his constitutional rights when it ordered him to take a mental health exam.

Scott Schoettes has ‘personal stake’ in work for individuals living with HIV/AIDS

In a landmark ruling in April, the Department of Defense was ordered to stop discriminating against people with HIV and permit them to deploy and commission as military officers. Scott Schoettes represented the two plaintiffs who brought the suit, a case with personal meaning for him as an attorney living with HIV.

Weekly Briefs: SCOTUS approval rating plummets; Trumps lose deposition appeal

SCOTUS approval rating drops 10 percentage points

Only 44% of the public approves of the way that the U.S. Supreme Court is handling its job, according to a Marquette University…

11th Circuit rules against lawyer disbarred for failing to comply with mental health requirements of conditional bar admission

A federal appeals court has ruled against a Florida lawyer who challenged her disbarment for failing to comply with mental health requirements of her conditional admission to the bar.

Can Mississippi trump FDA regulations to restrict abortion pills? Federal judge considers the issue

A federal judge in Mississippi is considering whether abortion-pill regulations by the Food and Drug Administration preempt Mississippi’s restrictions on dispensing the medication.

Patient billed about $230K for surgery after $1,300 estimate is protected by contract law, state supreme court says

Contract law protects a patient who was billed about $230,000 for surgery, despite being told that her cost after insurance would be about $1,300, the en banc Colorado Supreme Court ruled last week.

US law allowing hemp products legalized potlike intoxicant delta-8 THC, 9th Circuit says

A federal appeals court ruled last week that the 2018 law removing most restrictions on hemp legalized the ingredient delta-8 THC, which has psychoactive and intoxicating effects similar to the marijuana ingredient delta-9 THC.

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