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Apr 2, 2024
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general prelogar. oral argument of gen. prelogar: mr. chief justice, and may it please the court: the chevron framework is a bedrock principle of administrative law with deep roots in this court's jurisprudence. overruling a precedent is never a small matter, but overruling a precedent as foundational as chevron should require a truly extraordinary justification, and petitioners don't have one. they say that article iii requires de novo review of all statutory interpretation questions. but that's flatly inconsistent with precedent going back to the marshall court and with the traditional limits on mandamus jurisdiction, which governed most judicial review of executive action in the early republic. they've said that chevron violates due process. but the application of deferential standards of review doesn't constitute impermissible bias. and they contend that the apa requires de novo review. but that theory is inconsistent with the statute's history and the way it's been understood ever since its enactment, including in the more than 70 c
general prelogar. oral argument of gen. prelogar: mr. chief justice, and may it please the court: the chevron framework is a bedrock principle of administrative law with deep roots in this court's jurisprudence. overruling a precedent is never a small matter, but overruling a precedent as foundational as chevron should require a truly extraordinary justification, and petitioners don't have one. they say that article iii requires de novo review of all statutory interpretation questions. but...
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Apr 25, 2024
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general prelogar. general prelogar: mr. chief justice, and may it please the court: emtala's promise is simple but profoun no one who com tan emergency room in need of urgent treatment should be deedecessary stabilizing care. this ce about how that guarantee applies to pregnant mein medical crisis. inome tragic cases, women suffer emergency complicatns that make continuing their pregnancy a grave thre t their lives or their health. a woman whose amniot s has ruptured prematurely, for example, needs iedte treatment to avoid a serious risk of feion that could cascade into sepsis and the risk of hysterectomy. a woman with severe preeclampsia caface a high risk of kidney failure that could require life-long dialysis. in cases like these, where there is no other way to stabilize the woman's medical condition and prevent her from deteriorating, emtala's plain text requires that she be offered pregnancy terminatn the necessary treatment. d at's how this law has been understood and applied for decades. that usually poses no conflic
general prelogar. general prelogar: mr. chief justice, and may it please the court: emtala's promise is simple but profoun no one who com tan emergency room in need of urgent treatment should be deedecessary stabilizing care. this ce about how that guarantee applies to pregnant mein medical crisis. inome tragic cases, women suffer emergency complicatns that make continuing their pregnancy a grave thre t their lives or their health. a woman whose amniot s has ruptured prematurely, for example,...
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Apr 17, 2024
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i just want to say that i enjoyed when elizabeth prelogar was on the task force. her preparation, it is really a sight to behold. how much of what you just played, how much she works on that to anticipate everything she's going to be asked and her precise wording is something that she goes over and over. what you are seeing is something that is really a product of intellect and skill and work ethic. >> she has that speed that comes out so fast and focused. neal, as we go forward here, what struck me is that many of the justices were really tough on the petitioner. and then they were tough on the solicitor general. it's one of those cases. they were going hard against each side. first i thought it was going bad for the petitioner and then, they really are coming up this from both sides. >> that is what you want at the court is asking the tough questions to both sides. i do think it is a little interesting for the step backward, how many times have justice alito or justice thomas asked , how fair is a charge with the defendant. it is a little bit striking to hear so
i just want to say that i enjoyed when elizabeth prelogar was on the task force. her preparation, it is really a sight to behold. how much of what you just played, how much she works on that to anticipate everything she's going to be asked and her precise wording is something that she goes over and over. what you are seeing is something that is really a product of intellect and skill and work ethic. >> she has that speed that comes out so fast and focused. neal, as we go forward here,...
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Apr 24, 2024
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basically the point from the government, from elizabeth prelogar, the solicitor general, is that there's really only a small category of cases, small but very profound and important were a woman health is seriously at risk. >> whether her, her reproductive ability, whether she would have any kind of organ failure that doesn't rise to write frankly on death's doorstep, which is the finding that idaho wants. >> is that a woman has to there has to be a fear of death. >> now, let's hear from justice elena kagan, who was one of the many justices who tried to get at what exactly is going on on the ground and how has this law already actually affected care in idaho? read recently that the hospital that has the greatest emergency room services in idaho has just in the few months that this has been in place, had to airlift six pregnant women to neighboring states. whereas in the prior year, they did one the entire year. so if mr. turner is right about what the state is trying to convey to hospitals about when there'll be prosecuted like, why is this happening? >> yeah. she was referring to joshua
basically the point from the government, from elizabeth prelogar, the solicitor general, is that there's really only a small category of cases, small but very profound and important were a woman health is seriously at risk. >> whether her, her reproductive ability, whether she would have any kind of organ failure that doesn't rise to write frankly on death's doorstep, which is the finding that idaho wants. >> is that a woman has to there has to be a fear of death. >> now,...
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Apr 24, 2024
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i think general prelogar admitted that. the court does not have to answer that question. >> thank you, counsel. the case is submitted. >> the honorable court is now adjourned until tomorrow at 10:00. [captions copyright national cable satellite corp. 2024] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] >>mooyle -- moyle versus the united states -- we look live outside the court. we will have more live coverage and discussion on the role abortion issues are playing in the 2024 for the initial election. we will hear from former advisor to president trump kellyanne conway. tomorrow, c-span will be back at the court for live argument in trump versus united states, the king at whether the former president is immune from criminal prosecution for his alleged role in trying to overturn the results of the 2020 election. also this evening, a discussion with former congresswoman liz cheney and historian jon meacham on principles and politics, bro
i think general prelogar admitted that. the court does not have to answer that question. >> thank you, counsel. the case is submitted. >> the honorable court is now adjourned until tomorrow at 10:00. [captions copyright national cable satellite corp. 2024] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] >>mooyle -- moyle versus the united states -- we look live outside the court. we will...
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Apr 24, 2024
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. >> and just so you know, the solicitor general elizabeth prelogar said today that at least six other states have abortion bans that are as restrictive as idaho's. they're are about 22 states that now have much more restrictive laws since the supreme court, back in 2022, completely erased constitutional right to abortion overall, i would say that this conservative dominated court was very skeptical of the government's position that somehow, you could still have abortions being provided in emergency situations in hospitals in these states that say that an abortion can only be allowed if it's necessary to save to save the life of the mother, she would have to be near death. but the government says no, there's so many other situations that would come before that moment that would be life-threatening to her reproductive health to have any kind of failure of vital organs, things that would be would not be put her right at death's door, but would should be handled in an emergency situation. so we did have a little bit of pushback from the conservatives and it, but i want to play first a cli
. >> and just so you know, the solicitor general elizabeth prelogar said today that at least six other states have abortion bans that are as restrictive as idaho's. they're are about 22 states that now have much more restrictive laws since the supreme court, back in 2022, completely erased constitutional right to abortion overall, i would say that this conservative dominated court was very skeptical of the government's position that somehow, you could still have abortions being provided...
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Apr 16, 2024
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the solicitor general, elizabeth prelogar is talking, let's listen to other protests in the past and has this been the government's position throughout the lifespan of the statute? >> it has certainly been the government's position chen since the enactment of 15, 12 c2, that it covers the myriad forms of obstructing an official proceeding and that it's not limited to some kind of evidence impairment gloss. have you have you have you enforced it in that manner? we have been forced it in a variety of prosecutions that don't focus on evidence tampering. yeah, i can't give you one example of enforcing it in a situation where people have violently stormed the building in order to prevent an official proceeding, a specified one from occurring with all of the elements like intent to obstruct knowledge of the proceeding of having the corruptly mens rea, but that's just because i'm not aware of that circumstance ever happening prior to january 6, but just to give you a flavor of some of the other circumstances where we have prosecutor due to under this provision for example, there are situati
the solicitor general, elizabeth prelogar is talking, let's listen to other protests in the past and has this been the government's position throughout the lifespan of the statute? >> it has certainly been the government's position chen since the enactment of 15, 12 c2, that it covers the myriad forms of obstructing an official proceeding and that it's not limited to some kind of evidence impairment gloss. have you have you have you enforced it in that manner? we have been forced it in a...
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Apr 3, 2024
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prelogar: -- guest: we want to impact the discussion of public policy. we are not a pack. but anyway those conversations elevate paradigms or public policy itself, we want to be impactful and mindful that we are not trampling into the space of campaigns, necessarily. but you cannot avoid talking about public policy in the six months prior to a general election. host: what will be the key issue this november? immigration or foreign policy? guest: both. i think that the border will be -- there is a little bit of a lull with numbers historically join or miss. after -- in the warmer months you will see a flow of humans to the north and you will see a step up in cartel activity along the border. they effectively have operational control and there are issues with inflation to contend with and talks about what are we going to do to improve the labor situation, the job situation and domestic manufacturing. i think those will all be big issue topics that need to be discussed in the general election period. host: in the papers there is a lot of discussion about the impact of the sup
prelogar: -- guest: we want to impact the discussion of public policy. we are not a pack. but anyway those conversations elevate paradigms or public policy itself, we want to be impactful and mindful that we are not trampling into the space of campaigns, necessarily. but you cannot avoid talking about public policy in the six months prior to a general election. host: what will be the key issue this november? immigration or foreign policy? guest: both. i think that the border will be -- there is...
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her point was representing the department of justice, elizabeth prelogar, that to not be able to use this law would not be able to hold many of the defendants accountable for what they did. they obstruct an official proceeding in the government's mind? and it didn't matter that some evidence was not destroyed freud, in the process and by limiting the government's use of this law, it essentially won't hold to fully account many of these defendants, including donald trump, who is also charged under this logic. >> okay. you're good at reading the court. do you think that they're going to side with the capital the january 6 defendants sierra ultimately majority? yes. yes. you do. i just want to say it doesn't mean that a bunch of people are going to be set free because many of these people, including joseph fischer, who came there to were charged with other things? yes. exactly. they are charged with other things where it might need maintenance. they're just going to serve less prison time. and it could complicated many cases, including the form more president's case. >> all right, fasci
her point was representing the department of justice, elizabeth prelogar, that to not be able to use this law would not be able to hold many of the defendants accountable for what they did. they obstruct an official proceeding in the government's mind? and it didn't matter that some evidence was not destroyed freud, in the process and by limiting the government's use of this law, it essentially won't hold to fully account many of these defendants, including donald trump, who is also charged...
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constitutional litigator in the state, arguing for the government will be solicitor general elizabeth prelogar mr. turner is going to assert that idaho's ban, just like all the other bands in about 15 other states nationwide, should control in these situations that the federal government, federal law here should not displace state rules for emergency rooms and the federal government will encounter no in these very difficult situations emergency room medical personnel should care for a woman who might need for life at, for health threatening reasons to have a pregnancy terminated. sarah just could be far-reaching decision that affects so many women. thank you. you so much. joan biskupic. i appreciate it, john. >> all right. any moment in new york, judge, could rule of donald trump has violated the gag order in his criminal take case. it would mean he is in contempt. he made brand new comments overnight in an update on the congressional comeback d from former congressman george santos the. >> sinking of the titanic. >> how would really happen, especially to our premiere sunday at knots? >> right
constitutional litigator in the state, arguing for the government will be solicitor general elizabeth prelogar mr. turner is going to assert that idaho's ban, just like all the other bands in about 15 other states nationwide, should control in these situations that the federal government, federal law here should not displace state rules for emergency rooms and the federal government will encounter no in these very difficult situations emergency room medical personnel should care for a woman who...
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liberal colleagues or if they're just holding their fire and waiting until blizzard, or general elizabeth prelogar is going to take her turn in terms of what would happen if the government is to win in this case, that two is complicated. we had reporting from the associated press just last week suggesting that even now, when there was prior to the court getting involved, a threat of fines and other penalties under emtala for hospitals that a lot of hospitals were still turning away. pregnant patients, even pregnant patients, not seeking abortions because they were afraid of state criminal penalties in part because those fines were delayed in part because it was sometimes difficult for the federal government to actually implement those penalties. so it would certainly provide some kind of baseline for patients seeking emergency treatment, whether it would be enough because doctors are so afraid of criminal law. i think is still kind of ambiguous and mary, i mean, just to get our viewers up to speed on this, if not paying close attention to this aspect of the post-dobbs world that we're living in my
liberal colleagues or if they're just holding their fire and waiting until blizzard, or general elizabeth prelogar is going to take her turn in terms of what would happen if the government is to win in this case, that two is complicated. we had reporting from the associated press just last week suggesting that even now, when there was prior to the court getting involved, a threat of fines and other penalties under emtala for hospitals that a lot of hospitals were still turning away. pregnant...
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. >> elizabeth prelogar argued for the government that idaho is subject to a federal law called the emergency medical treatment and labor act, or emtala and idaho doctors have to shut their eyes to everything except death. >> whereas under emtala, your sovo supposed to be thinking about things like jie about to lose her fertility is her uterus going to become incredibly scarred because of the bleeding? is she about to undergo the possibility of kidney failure? she faced questions from conservatives about how to protect unborn children are seen abortion statutes they use the phrase unborn child doesn't that tell us something it tells us that congress wanted to expand the protection for pregnant women so that they could get the same duties to screen and stabilize when they have a condition that is threatening the health and well-being of the unborn child. a decision on this case is expected in late june, right. in the middle of the presidential election campaign season, jake. >> all right. paula reid, thanks so much for that report. this next one is also a big deal. the fine print that makes so
. >> elizabeth prelogar argued for the government that idaho is subject to a federal law called the emergency medical treatment and labor act, or emtala and idaho doctors have to shut their eyes to everything except death. >> whereas under emtala, your sovo supposed to be thinking about things like jie about to lose her fertility is her uterus going to become incredibly scarred because of the bleeding? is she about to undergo the possibility of kidney failure? she faced questions...
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and that's what the us solicitor general elizabeth prelogar will argue today, is that congress wanted to get a broad range of conduct here, not just conduct that would involve actual documents. and kate, just so you know special counsel jack smith put in a footnote in his filing having to do with a big immunity case that will be argued at the supreme court next week. saying that he was aware that this fisher case, fischer versus the united states was coming up. and he said, no matter how the supreme court rules, it should not actually affect donald trump because he says that donald trump's own activities on that day also involved evidenced the certification of the electors for that day. but you were right to hit how this can affect more than 300 cases. these cases many of the defendants from january 6 were charged with multiple crimes. so it's not like suddenly lots of people would go free. it's just that maybe some sentences could be reduced if the supreme court, in the end rules against the government here and says that the statue has to be read more narrowly, kate. >> yeah, still a
and that's what the us solicitor general elizabeth prelogar will argue today, is that congress wanted to get a broad range of conduct here, not just conduct that would involve actual documents. and kate, just so you know special counsel jack smith put in a footnote in his filing having to do with a big immunity case that will be argued at the supreme court next week. saying that he was aware that this fisher case, fischer versus the united states was coming up. and he said, no matter how the...
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elizabeth prelogar saying in serious emergency situations is federal law has to take effect. women have to be guaranteed that their health will be preserved if they have serious complications in pregnancy sarah, joan biskupic are right outside of court. we're also looking if you see there on the screen as the protesters are asserting to gather in much larger numbers so far opening arguments begin in just less than an hour, and this isn't the only place that is discussing this very volatile issue. >> it's absolutely the right. we're also watching arizona right now are the chaotic fight takes khader, click there. it takes a new turn over abortion access and that civil war era abortion ban in arizona after false starts last week, a major hurdle could now be clear to cnn's natasha, can she's in phoenix for us tracking all of this and attach to arizona state house lawmakers last week, they failed twice to push to make progress on repealing this ban but that could change today. what are you learning? >> kate, a republican source tells me there are now votes to make this happen at t
elizabeth prelogar saying in serious emergency situations is federal law has to take effect. women have to be guaranteed that their health will be preserved if they have serious complications in pregnancy sarah, joan biskupic are right outside of court. we're also looking if you see there on the screen as the protesters are asserting to gather in much larger numbers so far opening arguments begin in just less than an hour, and this isn't the only place that is discussing this very volatile...
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government to come in and control the law in state emergency rooms on the other side will be elizabeth prelogar, the solicitor general of the united states, saying no, this federal law preempts state, state bands in certain situations. this is a narrow kind of health situation where a woman might have a ruptured membrane might be at risk for organ failure but as i said, not be completely on death's door. and what the government is saying is that this law that traces to 1986, that was essentially designed to prevent patient dumping in emergency rooms would require physicians to try to care for women and if required, help her terminate a pregnancy okay all right. or arguments set to begin just a couple hours. jonah's there. thank you very much, sarah. >> all right. >> with me now, is the president of the center for reproductive rights, nancy northrop, to continue this discussion. thank you so much for coming in this morning for us. >> so i want to start with this. >> if the justices decide that the state law stands over what the federal law says, what will the consequences be in your mind well, w
government to come in and control the law in state emergency rooms on the other side will be elizabeth prelogar, the solicitor general of the united states, saying no, this federal law preempts state, state bands in certain situations. this is a narrow kind of health situation where a woman might have a ruptured membrane might be at risk for organ failure but as i said, not be completely on death's door. and what the government is saying is that this law that traces to 1986, that was...
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let's listen in writing now the us solicitor general, elizabeth prelogar and justice ketanji brown jackson are going back-and-forth criminal prosecution. the doctors can't provide the care because until they conclude can conclude that a prosecutor looking over their shoulder won't second guess that maybe it wasn't really necessary to prevent death. >> thank you. council. justice thomas this is leto we've now heard let's see an hour-and-a-half of argument on this case, and one potentially very important phrase in emtala has hardly been mentioned maybe it hasn't even been mentioned at all. >> and that is emtala was reference to the woman's quote, unquote, unborn child in an odd phrase to put in a statute that imposes a mandate to perform abortions. have you ever seen an abortion statute that uses the phrase unborn child it's not an odd phrase when you look at what congress was doing in 1989, there were well-publicized cases where women were experiencing conditions, their own health and life. >> we're not in danger, but the fetus was engraved distress it's an hospitals weren't treating them w
let's listen in writing now the us solicitor general, elizabeth prelogar and justice ketanji brown jackson are going back-and-forth criminal prosecution. the doctors can't provide the care because until they conclude can conclude that a prosecutor looking over their shoulder won't second guess that maybe it wasn't really necessary to prevent death. >> thank you. council. justice thomas this is leto we've now heard let's see an hour-and-a-half of argument on this case, and one potentially...
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prelogar: everyone is -- caller: everyone is so dissatisfied about the united states and it is the best country in the world. thank the lord instead of having hatred. i love the economy. i am doing better because industry is much better for the old people, at least we can earn a little money so we can buy our groceries. i love the economy, it is doing great. thank you, biden. host: that is it for this segment. thank you to everyone who called in. next we are going to do our spotlight on podcast segments and we are going to be joined by greg sargent of the new republic will talk about the top political stories and his podcast "the daily blast." >> next week on the c-span networks, the house and senate return from the holiday break. tuesday lloyd austin under secretary of defense michael mccord in the chair of the joint chiefs of staff general charles brown, jr. testify before the senate armed services committee for the fiscal year 2025 budget and future defense programs. wednesday, houseman a jurist event -- deliver articles of impeachment against alejandro mayorkas to the senate. on the
prelogar: everyone is -- caller: everyone is so dissatisfied about the united states and it is the best country in the world. thank the lord instead of having hatred. i love the economy. i am doing better because industry is much better for the old people, at least we can earn a little money so we can buy our groceries. i love the economy, it is doing great. thank you, biden. host: that is it for this segment. thank you to everyone who called in. next we are going to do our spotlight on podcast...
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prelogar: everyone is -- caller: everyone is so dissatisfied about the united states and it is the best country in the world. thank the lord instead of having hatred. i love the economy. i am doing better because industry is much better for the old people, at least we can earn a little money so we can buy our groceries. i love the economy, it is doing great. thank you, biden. host: that is it for this segment. thank you to everyone who called in. next we are going to do our spotlight on podcast segments and we are going to be joined by greg sargent of the new republic will talk about the top political stories and his podcast "the daily blast." >> next week on the c-span networks, the house and senate return from the holiday break. tuesday lloyd austin under secretary of defense michael mccord in the chair of the joint chiefs of staff general charles brown, jr. testify before the senate armed services committee for the fiscal year 2025 budget and future defense programs. wednesday, houseman a jurist event -- deliver articles of impeachment against alejandro mayorkas to the senate. on the
prelogar: everyone is -- caller: everyone is so dissatisfied about the united states and it is the best country in the world. thank the lord instead of having hatred. i love the economy. i am doing better because industry is much better for the old people, at least we can earn a little money so we can buy our groceries. i love the economy, it is doing great. thank you, biden. host: that is it for this segment. thank you to everyone who called in. next we are going to do our spotlight on podcast...
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prelogar: -- guest: we want to impact the discussion of public policy. we are not a pack. but anyway those conversations elevate paradigms or public policy itself, we want to be impactful and mindful that we are not trampling into the space of campaigns, necessarily. but you cannot avoid talking about public policy in the six months prior to a general election. host: what will be the key issue this november? immigration or foreign policy? guest: both. i think that the border will be -- there is a little bit of a lull with numbers historically join or miss. after -- in the warmer months you will see a flow of humans to the north and you will see a step up in cartel activity along the border. they effectively have operational control and there are issues with inflation to contend with and talks about what are we going to do to improve the labor situation, the job situation and domestic manufacturing. i think those will all be big issue topics that need to be discussed in the general election period. host: in the papers there is a lot of discussion about the impact of the sup
prelogar: -- guest: we want to impact the discussion of public policy. we are not a pack. but anyway those conversations elevate paradigms or public policy itself, we want to be impactful and mindful that we are not trampling into the space of campaigns, necessarily. but you cannot avoid talking about public policy in the six months prior to a general election. host: what will be the key issue this november? immigration or foreign policy? guest: both. i think that the border will be -- there is...