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Apr 25, 2024
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the biden administration filed suit against idahoarguing that law conflicts wi a 1986 federal stute that requires emergency care including abortions at hospitals participating in medicare. the justices have through drew and issue a ruling. the oral argument is just over two hours. chief juicroberts: we will case 23-726, moyle versus united states, and the coolated case. mr. turner. mr. turner: thank you, mr. chief justice, and may it please the court: when congress amended the medicare act in 1986, it put emtala on a centuries' old foundation of state law.
the biden administration filed suit against idahoarguing that law conflicts wi a 1986 federal stute that requires emergency care including abortions at hospitals participating in medicare. the justices have through drew and issue a ruling. the oral argument is just over two hours. chief juicroberts: we will case 23-726, moyle versus united states, and the coolated case. mr. turner. mr. turner: thank you, mr. chief justice, and may it please the court: when congress amended the medicare act in...
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Apr 26, 2024
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one is whether t stute would be construed not to apply to his conduct even if it is not part of that sml re of things congress can't regulate at all. ift operates to prevent the pridt from fulfilling his -- >> he could have given speeches against it. he did. but he did somethi me and it impeded and sought to influence an official proceeding. >> we arting with the larsf protection and we are now down through whether the stute would be construed to apply to him. then there is the question of whether he has the state of mind. >> let's say he does. nobody knows what corrupt innt means. we have been around that tree. maybe it means he knows he is doing wrong, what the government tolds. he knows he shouldn't be blocking a congressman. >> let me get to the next layer which is that the psint does have access to the attorney general to provide legal advice, and regularly gets legal advice fr t attorney general about the lawful scope of the president's activities. we could go down two tracks here. one is that thatrney general advises him that as an inciden of his artwo authority and in carryin
one is whether t stute would be construed not to apply to his conduct even if it is not part of that sml re of things congress can't regulate at all. ift operates to prevent the pridt from fulfilling his -- >> he could have given speeches against it. he did. but he did somethi me and it impeded and sought to influence an official proceeding. >> we arting with the larsf protection and we are now down through whether the stute would be construed to apply to him. then there is the...
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Apr 4, 2024
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they say that a single function of the trigger, as it appears in e stute, is directing consideration of whether the trigger is moving only once. i think you are saying no, when it says the futi of the igger, it's not how the trigger operates. thfunction of the trigger is what it achieves. and the function you are saying is by sing operation, meaning sing mement of the pso you can achieve firing multipl shots without multiple manual movements, that covers the function of the trigger. is that atou are saying? mr. fletcher: exactly. the thing that makes this clearest is e pothetical on page 30. imaginsoone builds a black box with a butn andhe shooter pushes the button and by the -- and bullets come out at a hi re. that is a machine gun. in my friend's view, if after the shooter presses the button, the button keeps moving up and down on it own, he says that's not a machine g because the trigger is functioning each time a shot is fired. we don't think that is plausible. justice jackson: we will ask him about that. euros accounts for automatically more than one shot being in definition. ex
they say that a single function of the trigger, as it appears in e stute, is directing consideration of whether the trigger is moving only once. i think you are saying no, when it says the futi of the igger, it's not how the trigger operates. thfunction of the trigger is what it achieves. and the function you are saying is by sing operation, meaning sing mement of the pso you can achieve firing multipl shots without multiple manual movements, that covers the function of the trigger. is that...
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Apr 17, 2024
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hundred defendants in the january involved in january 6 and so if the court rules that youan't use is stute inhis way on these facts, then that's gointo force the dement to go back and reevaluate a lot of those convictions. >> excuse me >> many of those people were also convicted for other crimes as well. so it won't simply result in the vacating their convictions entirely >> some >> folks have you mentioned already been sentenced on conviction. so this this these counts, it's very complicated. it's hard to say from this perspective exactly how that will play out. but the entirety of it will depend on how broadly or narrowly the court renders their decision. >> yeah, it is a fascinating charge. i know that that charge was involved in the cases i watched, which was the proud boys and the oath keepers those charges were in there as well, but they were many other charges that they face, like this police officer, for example, whose case has gone to the supreme court as justices seemed to be really focused just on the league golan tactical debate before them, not what happened that day and the c
hundred defendants in the january involved in january 6 and so if the court rules that youan't use is stute inhis way on these facts, then that's gointo force the dement to go back and reevaluate a lot of those convictions. >> excuse me >> many of those people were also convicted for other crimes as well. so it won't simply result in the vacating their convictions entirely >> some >> folks have you mentioned already been sentenced on conviction. so this this these...
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Apr 24, 2024
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that would violate t stute and we would end up making the very same argument. if you have ample access. i do not see any way to try to draw les around excluding egncy cplications -- the tragic circumstances are the only wayo address the woman's condition and prevent material deterioration for the pregnancy to end. >> justice barrett? >> i underthe primary difference between emtala and the ohio statute is health. idcuses on risk of life, but the fedevernment says - emtala says health. am i right? it is health and life? but that is the princal difference. think it is also the differenc between necessary to prevent death versus the health concerns would be reasonably expected to occur. i think that is a standard that gives more space for doctors to take action. >> is the federal government aware of any state other than aho that has a lawhat does not take health into account? >> there are six other states at have severe abortion restrictions witho aealth exception. those are th primary category of statewere concerned about here. i shldake clear there are pending ju
that would violate t stute and we would end up making the very same argument. if you have ample access. i do not see any way to try to draw les around excluding egncy cplications -- the tragic circumstances are the only wayo address the woman's condition and prevent material deterioration for the pregnancy to end. >> justice barrett? >> i underthe primary difference between emtala and the ohio statute is health. idcuses on risk of life, but the fedevernment says - emtala says...
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Apr 25, 2024
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have you ever seen an abortion stute that uses the phrase "unborn child"? general prelogar: it's not an d phrase when you look at what congress was doing i19. there were well-publicized cases where women were experncg conditions, their own health and life were not in danger, but the fetus was in grave distress and hospitals weren't treating them. what congress did -- justice alito: well, have you se - general prelogar: -- is that it -- justice alito: -- have you seen abortion statutes that use the phrase "unborn child"? doesn't that tell us something? general prelogar: it tells us that congress wanted to expand the protection for pregnant won that they could get the same duties to screen and stabilize when they have a condition that'thatening the health and well-being of the unborn child. but what it doesn't suggest is that conessimultaneously displaced the independent preexisting obligation to treat a woman who herself is facing grave life a hlth consequences. justice alito: well, let's walk through the provisions of the statute that are relevant to this i
have you ever seen an abortion stute that uses the phrase "unborn child"? general prelogar: it's not an d phrase when you look at what congress was doing i19. there were well-publicized cases where women were experncg conditions, their own health and life were not in danger, but the fetus was in grave distress and hospitals weren't treating them. what congress did -- justice alito: well, have you se - general prelogar: -- is that it -- justice alito: -- have you seen abortion statutes...
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Apr 25, 2024
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the biden administration filed suit against idahoarguing that law conflicts wi a 1986 federal stute that requires emergency care including abortions at hospitals participating in medicare. the justices have through drew and issue a ruling. the oral argument is just over two hours. chief juicroberts: we will case 23-726, moyle versus united states, and the coolated case. mr. turner. mr. turner: thank you, mr. chief justice, and may it please the court: when congress amended the medicare act in 1986, it put emtala on a centuries' old foundation of state law. states have always been responsie r licensing doctors and setting the scope of their profsial practice. indeed, emtala works precisely cause states regulate the practice of medicine. and thg in emtala requires doctors to ignore the scope of their liced offer medical treatments that violate state ree statutory provisions make this clear. first, section 1395, the medicare act'oping provision, forbids the federal government from controlling the practice of ne. that's the role of state regulation. secondivision (f) in emtala codifies a sta
the biden administration filed suit against idahoarguing that law conflicts wi a 1986 federal stute that requires emergency care including abortions at hospitals participating in medicare. the justices have through drew and issue a ruling. the oral argument is just over two hours. chief juicroberts: we will case 23-726, moyle versus united states, and the coolated case. mr. turner. mr. turner: thank you, mr. chief justice, and may it please the court: when congress amended the medicare act in...
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Apr 25, 2024
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i think they are fairly described as stutes engaging spiracies to defraud the united states with respect to one of the most important functions, namely the certification of the next presidt. >> i don't want to dispute that particular application of that 371 conspiracy to defraud the united states, but would you not agree that that is a pulrly open-ended statutory prohibition? that fraudnd that provision under like most oth fud provisions doesn'teqre any impairment of a property interest? it is designed to protect the functions ofhenited states government ais difficult to think of a more critical function than the certification of who won the election. >> i'm not discussing the particular facts of this ce but it applies to any fraud that interferes seriously with any government operation. >> what the government needs to ows an intento impede, interfere, oreft a lawful governmental function by deception and it has to be done. these are not the kinds of activities that k any of us would think a president needs to engage in in order to fulfill his article two duties and particular a case lik
i think they are fairly described as stutes engaging spiracies to defraud the united states with respect to one of the most important functions, namely the certification of the next presidt. >> i don't want to dispute that particular application of that 371 conspiracy to defraud the united states, but would you not agree that that is a pulrly open-ended statutory prohibition? that fraudnd that provision under like most oth fud provisions doesn'teqre any impairment of a property interest?...
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Apr 23, 2024
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challenge without refencto the necessity defense and, frankly, without reference to the new oregon stute, which seems highly instructive in terms of time, manner, and place that jurisdictions, grants pass should examine. but i don'think the court should puthicore point about robinsono e side because, in -- the possibility that in oregon and maybe, you know, maybe no other place, i don't know california law of necessity, maybe it would be taken care of. i think, at this point in time, that is too speculative to -- justice kavanaugh: wl,sually we think about before constitutionalizinanrea or extending a constitutional precedent, you might disagree with that characterization, but before doing that, we usually think about whether state law, local law already achieves those purpeso that the federal courts aren't micromanaging homeless policy. and it's on a daily basis when you work with the homele. it's a daily issue, how many people are going to owp that day at the food bank? w many people are going to show up that day at the shelter? so it's not like t a once-a-year thing. mr. kndl: yeah, n
challenge without refencto the necessity defense and, frankly, without reference to the new oregon stute, which seems highly instructive in terms of time, manner, and place that jurisdictions, grants pass should examine. but i don'think the court should puthicore point about robinsono e side because, in -- the possibility that in oregon and maybe, you know, maybe no other place, i don't know california law of necessity, maybe it would be taken care of. i think, at this point in time, that is...