ABA Journal

Health Law

3006 ABA Journal Health Law articles.

Chemerinsky: Originalism has taken over the Supreme Court

The U.S. Supreme Court term that ended on June 30 was the most originalist in American history. In case after case, the court professed that the meaning of a constitutional provision is to be determined by the original understanding at the time when it was adopted. Some of the justices—Clarence Thomas, Neil Gorsuch and Amy Coney Barrett—are self-avowed originalists. All of the conservatives often write their opinions in originalist language and sign on to expressly originalist decisions.

Weekly Briefs: DOJ urges SCOTUS to turn down citizenship case; cop asks second justice to block vaccine mandate

Don’t accept citizenship case, DOJ tells SCOTUS

The U.S. Department of Justice filed a brief Monday urging the U.S. Supreme Court to deny review in a case on citizenship rights…

As Justice Alito steps out from the shadows, some see a more aggressive persona emerge

When Justice Samuel Alito was nominated to the U.S. Supreme Court in 2005, he was portrayed as cautious, respectful of precedent, quiet, methodical and reasonable. That has changed, now that the high court has a six-justice conservative bloc.

How Jones Day’s ‘conservative machine’ helped shape policy in the Trump administration

After the election of former President Donald Trump, many Jones Day lawyers “sailed into his White House, the Justice Department and other parts of his administration,” signaling the influence of the corporate law firm that had built a practice helping Republicans win elections and attain their political goals.

FTC suit seeks to stop broker’s sales of cellphone data that could be used to track visits to abortion clinics

The Federal Trade Commission filed a lawsuit against data broker Kochava Inc. on Monday that seeks to block the company’s sales of geolocation data from mobile devices that could be used to track visits to abortion clinics and other sensitive locations.

Ban on gender-affirming procedures for transgender youths is sex discrimination, 8th Circuit says

A federal appeals court has upheld an injunction blocking Arkansas’ ban on “gender transition procedures” for youths younger than age 18.

Weekly Briefs: Ex-officer pleads guilty in Breonna Taylor case; ex-BigLaw partner can’t shield 401(k) cash

Ex-officer pleads guilty in Breonna Taylor case

Former Louisville, Kentucky, detective Kelly Goodlett pleaded guilty to a federal conspiracy charge Tuesday for helping falsify an application for a…

Federal judges issue conflicting rulings on emergency abortions when health of mothers is at risk

Federal judges in Idaho and Texas have issued conflicting decisions on whether a federal law requiring stabilizing emergency care conflicts with abortion bans.

Unbroken: A call for psychiatric disability initiatives in the legal profession

So many of us struggle in silence while striving for excellence, when only a helping hand and understanding—not only from family and friends but also from colleagues and those with leading positions in law firms—could guide our way to attain success as humans and as professionals.

Texas Supreme Court’s advisory committee supports rule allowing judicial approval of abortions for minors

An advisory committee for the Texas Supreme Court voted unanimously Friday to support a state rule that allows judges to authorize abortions for minors without their parents’ consent.

Patient who received negligent reproductive health care can recover all damages, state supreme court rules

The Washington Supreme Court ruled Thursday that judges in Washington are permitted to award extraordinary damages in “wrongful life” cases.

New York attorney general’s actions over rape case are ‘a sinister abuse,’ dissenting judge says

In a scathing dissent, a federal appellate judge admonished the New York attorney general’s office for defending a conviction in a 2009 rape case.

Florida prosecutor sues governor over suspension, claiming free speech violations

A Florida prosecutor who was suspended for his positions on abortion and transgender medical care has filed a federal lawsuit against Republican Florida Gov. Ron DeSantis.

Federal judge orders 3 pharmacy chains to pay over $650M for role in opioid epidemic

CVS, Walmart and Walgreens must pay $650.6 million to two Ohio counties after contributing to the opioid epidemic, a federal judge said Wednesday.

2 top state courts issue conflicting rulings over abortion restrictions

The Montana Supreme Court on Aug. 9 upheld a lower court decision that temporarily blocked three separate laws that restrict abortion. Meanwhile, the Idaho Supreme Court declined to stop a near-total abortion ban Friday.

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