Notably, in the Idaho AG/ADF/Cooper&Kirk application for a stay pending appeal, they are providing an alternative argument that SCOTUS should take up the EMTALA question now for merits arguments this term.
WHAT'S UP HERE? Since before the fall of Roe, DOJ has said the fed'l E.R. law (EMTALA) includes abortion-related care protections. DOJ is suing Idaho, with its near-total abortion ban, saying there must be an EMTALA exception. With this filing, this fight is now coming to SCOTUS.
BREAKING: On a 2-1 vote, the 11th Circuit DENIES Florida’s request that it be allowed to enforce its anti-drag law against everyone in the state except the plaintiffs during the appeal.
BREAKING: Federal judge in Oklahoma denies preliminary injunction sought against the state's felony ban on gender-affirming medical care for minors. More to come on Friday at Law Dork: https://www.lawdork.com/
BREAKING: After trial, federal judge declares Texas's anti-drag law, SB12, unconstitutional and issues a permanent injunction barring — through AG Paxton — all state officials from enforcing it. More to come at Law Dork: https://www.lawdork.com/
BREAKING: After Alabama's legislature refused to create a congressional map with two majority-Black districts following SCOTUS ruling, a federal court today blocks Alabama from using its new, one majority-Black congressional district map and directs Special Master to make a map.
And, as a reminder, I am an independent journalist covering our legal world. Your support is essential. To keep up with my work, subscribe to Law Dork today — there is a free option! To help make this work sustainable, consider a paid subscription. https://www.lawdork.com/
BREAKING: Federal judge GRANTS temporary restraining order against prosecutor and law enforcement in Blount County, Tennessee, from enforcing the state's anti-drag law or "interfering" with Blount Pride. More to come at Law Dork: https://www.lawdork.com/
Trump asked for more time to respond to Smith’s request on the protective order, which had followed Trump’s Truth social post — and was quickly denied by Judge Chutkan. 5p Monday deadline for a response stands.
There are a fair number of non-extremists defending 303 Creative as a narrow and necessary #SCOTUS free speech ruling. I see how they can make that argument.