The Stakes in the Supreme Court's Abortion Pill Case
Supreme Court Expected to Preserve Access to Abortion Medication Mifepristone
What's at Stake in the Supreme Court Mifepristone Case?
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Every week, she and cohost Scott Shafer sit down with political insiders on \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">, where they offer a peek into lives and personalities of those driving politics in California and beyond. \u003c/span>\r\n\r\n\u003cspan style=\"font-weight: 400;\">Previously, she worked for nine years at the San Francisco Chronicle covering San Francisco City Hall and state politics; and at the San Francisco Examiner and Los Angeles Time,. She has won awards for her work investigating the 2017 wildfires and her ongoing coverage of criminal justice issues in California. She lives in San Francisco with her two sons and husband.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twitter":"@mlagos","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["author"]}],"headData":{"title":"Marisa Lagos | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mlagos"},"carlysevern":{"type":"authors","id":"3243","meta":{"index":"authors_1591205172","id":"3243","found":true},"name":"Carly Severn","firstName":"Carly","lastName":"Severn","slug":"carlysevern","email":"csevern@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"Senior Editor, Audience News ","bio":"Carly is KQED's Senior Editor of Audience News on the Digital News team, and has reported for the California Report Magazine, Bay Curious and KQED Arts. 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Wade two years ago. This time, they’re considering whether to restrict access to abortion pill mifepristone. Marisa talks with POLITICO health care reporter Alice Miranda Ollstein about what the conservative-led court might do. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1711580398,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":3,"wordCount":56},"headData":{"title":"The Stakes in the Supreme Court's Abortion Pill Case | KQED","description":"The Supreme Court took up abortion access this week for the first since overturning Roe v. Wade two years ago. This time, they’re considering whether to restrict access to abortion pill mifepristone. Marisa talks with POLITICO health care reporter Alice Miranda Ollstein about what the conservative-led court might do. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"The Stakes in the Supreme Court's Abortion Pill Case","datePublished":"2024-03-28T00:30:01.000Z","dateModified":"2024-03-27T22:59:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC9603780216.mp3?updated=1711579417","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11981042/the-stakes-in-the-supreme-courts-abortion-pill-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">The Supreme Court took up abortion access this week for the first since overturning Roe v. Wade two years ago. This time, they’re considering whether to restrict access to abortion pill mifepristone. Marisa talks with POLITICO health care reporter Alice Miranda Ollstein about what the conservative-led court might do. \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11981042/the-stakes-in-the-supreme-courts-abortion-pill-case","authors":["3239"],"programs":["news_33544"],"categories":["news_8"],"tags":["news_23790","news_33881","news_30394","news_22235","news_17968","news_201","news_932"],"featImg":"news_11981045","label":"news_33544"},"news_11980822":{"type":"posts","id":"news_11980822","meta":{"index":"posts_1591205157","site":"news","id":"11980822","score":null,"sort":[1711489146000]},"guestAuthors":[],"slug":"supreme-court-expected-to-preserve-access-to-abortion-medication-mifepristone","title":"Supreme Court Expected to Preserve Access to Abortion Medication Mifepristone","publishDate":1711489146,"format":"standard","headTitle":"Supreme Court Expected to Preserve Access to Abortion Medication Mifepristone | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The \u003ca href=\"https://apnews.com/hub/us-supreme-court\">Supreme Court\u003c/a> on Tuesday seemed likely to preserve access to a medication that was used in \u003ca href=\"https://apnews.com/article/abortion-pills-mifepristone-supreme-court-27d18f91242eb08c4d805880ddb5bb60\">nearly two-thirds of all abortions\u003c/a> in the U.S. last year, in the court’s first abortion case since conservative justices \u003ca href=\"https://apnews.com/article/abortion-supreme-court-decision-854f60302f21c2c35129e58cf8d8a7b0\">overturned Roe v. Wade\u003c/a> two years ago.\u003c/p>\n\u003cp>In nearly 90 minutes of arguments, a consensus appeared to emerge that the abortion opponents who challenged the FDA’s approval of the medication, mifepristone, and subsequent actions to ease access to it lack the legal right or standing to sue.\u003c/p>\n\u003cp>Such a decision would leave in place the current rules that allow patients to receive the drug through the mail, without any need for an in-person visit with a doctor, and to take the medication to induce an abortion through 10 weeks of pregnancy. Should the court take the no-standing route, it would avoid the more politically sensitive aspects of the case.\u003c/p>\n\u003cp>The high court’s return to the abortion thicket is taking place in a political and regulatory landscape that was reshaped by its abortion decision in 2022 that led many Republican-led states to ban or severely restrict abortion.\u003c/p>\n\u003cp>Solicitor General Elizabeth Prelogar, the Biden administration’s top Supreme Court lawyer, said the court should dismiss the case and make clear that anti-abortion doctors and organizations don’t “come within 100 miles” of having standing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Even three justices who were in the majority to overturn Roe posed skeptical questions about standing to the lawyer for the abortion opponents. Justices Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh are former President Donald Trump’s three Supreme Court appointees.\u003c/p>\n\u003cp>Barrett, for example, seemed to doubt that the doctors identified by lawyer Erin Hawley could show that they were actually harmed by the FDA’s actions, one of the requirements for showing standing.\u003c/p>\n\u003cp>“The difficulty, to me, is that the affidavits do read more like conscience objections,” Barrett said.\u003c/p>\n\u003cp>Kavanaugh had only one question during the entire session and it too seemed to be focused on the technical issue of standing. He asked Prelogar to confirm that “under federal law, no doctors can be forced against their consciences to perform or assist in an abortion.”\u003c/p>\n\u003cp>[aside postID=\"news_11980696,news_11973441,news_11958412\" label=\"Related Stories\"]Abortion opponents are asking the justices to ratify \u003ca href=\"https://apnews.com/article/abortion-pill-restrictions-appeals-court-402be732d162af449c40ed1315cfb851\">a ruling\u003c/a> from a conservative federal appeals court that would limit access to mifepristone, one of two \u003ca href=\"https://apnews.com/article/mifepristone-supreme-court-abortion-d451e14148ffbe6ce4811b1a37651480\">drugs used in medication abortions\u003c/a>.\u003c/p>\n\u003cp>That ruling had immediate political consequences, and the outcome in the current case, expected by early summer, could affect races for Congress and the White House.\u003c/p>\n\u003cp>Another abortion case is already on the docket. Next month, the justices will hear arguments over whether \u003ca href=\"https://apnews.com/article/supreme-court-abortion-medical-emergencies-idaho-8ca89d7de0c1fa9256dcd27d1847e144\">a federal law on emergency treatment \u003c/a>at hospitals must include abortions, even in states that have otherwise banned them.\u003c/p>\n\u003cp>The scene outside the Supreme Court was lively Tuesday morning, with demonstrators occupying the streets surrounding the court and groups on both sides of the issue marching and chanting. The police also blocked traffic surrounding the court.\u003c/p>\n\u003cp>The practical consequences of a ruling for abortion opponents would be dramatic, including possibly halting the delivery of mifepristone through the mail and at large pharmacy chains and ending increasingly popular telehealth visits at which the drug can be prescribed.\u003c/p>\n\u003cp>President Joe Biden’s administration and drug manufacturers warn that such an outcome could also undermine the FDA’s drug approval process more widely by inviting judges to second-guess the agency’s scientific judgments. The Democratic administration and New York-based Danco Laboratories, which makes mifepristone, say that the \u003ca href=\"https://apnews.com/article/mifepristone-abortion-pill-supreme-court-1d2221251197a391c9bca833918e4554\">drug is among the safest\u003c/a> the FDA has ever approved.\u003c/p>\n\u003cp>Justice Ketanji Brown Jackson, a Biden appointee who joined the court just after the last abortion case, signaled her agreement with some of those arguments when she asked Jessica Ellsworth, Danco’s lawyer, whether she has concerns “about judges parsing medical and scientific studies.”\u003c/p>\n\u003cp>The abortion opponents argue that the FDA’s decisions in 2016 and 2021 to relax restrictions on getting the drug were unreasonable and, as Hawley wrote in her clients’ main legal brief, “jeopardize women’s health across the nation.” She argued Tuesday that she was asking the court to affirm a ruling that “merely restored long-standing and crucial protections under which millions of women used abortion drugs.” Her husband, Sen. Josh Hawley, R-Missouri, and one of their children were in the courtroom to watch her first arguments.\u003c/p>\n\u003cp>The mifepristone case began five months after the Supreme Court overturned Roe v. Wade. Abortion opponents initially won a sweeping ruling nearly a year ago from \u003ca href=\"https://apnews.com/article/texas-judge-matthew-kacsmaryk-abortion-pill-fda-75964b777ef09593a1ad948c6cfc0237\">U.S. District Judge Matthew Kacsmaryk\u003c/a>, a Trump nominee in Texas, which would have revoked the drug’s approval entirely. The 5th U.S. Circuit Court of Appeals left intact the FDA’s initial approval of mifepristone. However, it would reverse the changes that regulators made in 2016 and 2021, which eased some of the conditions for administering the drug.\u003c/p>\n\u003cp>The Supreme Court put the appeals court’s modified ruling on hold, then agreed to hear the case, though Justices Samuel Alito, the author of the decision overturning Roe, and Clarence Thomas would have allowed some restrictions to take effect while the case proceeded.\u003c/p>\n\u003cp>In arguments highly focused on technical legal issues, Alito and Thomas asked some of the few questions Tuesday on the substance of the case, including about sending mifepristone through the mail.\u003c/p>\n\u003cp>They referred to the Comstock Act, a rarely used, 151-year-old criminal law that has been revived by anti-abortion advocates seeking to block the delivery of mifepristone through the U.S. mail. Addressing Ellsworth, Thomas said the law is “fairly broad, and it specifically covers drugs such as yours.”\u003c/p>\n\u003cp>Even if the court doesn’t address the Comstock Act in its ruling, some abortion rights advocates fear that a future administration that favors abortion restrictions could invoke the law to roll back access to mifepristone.\u003c/p>\n\u003cp>Mifepristone is one of two drugs, along with misoprostol, used in medication abortions. Their numbers have been rising for years. More than 6 million people have used mifepristone since 2000. \u003ca href=\"https://apnews.com/article/mifepristone-supreme-court-abortion-d451e14148ffbe6ce4811b1a37651480\">Mifepristone\u003c/a> is taken first to dilate the cervix and block the hormone progesterone, which is needed to sustain a pregnancy. Misoprostol is taken 24 to 48 hours later, causing the uterus to contract and expel pregnancy tissue.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Health care providers have said that if mifepristone is no longer available or is too hard to obtain, they would switch to using only misoprostol, which is somewhat less effective in ending pregnancies.\u003c/p>\n\n","blocks":[],"excerpt":"The Supreme Court seems likely to preserve access to a medication that was used in nearly two-thirds of all abortions in the U.S. last year, in the court’s first abortion case since conservative justices overturned Roe v. Wade two years ago.","status":"publish","parent":0,"modified":1711566453,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":1118},"headData":{"title":"Supreme Court Expected to Preserve Access to Abortion Medication Mifepristone | KQED","description":"The Supreme Court seems likely to preserve access to a medication that was used in nearly two-thirds of all abortions in the U.S. last year, in the court’s first abortion case since conservative justices overturned Roe v. Wade two years ago.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Supreme Court Expected to Preserve Access to Abortion Medication Mifepristone","datePublished":"2024-03-26T21:39:06.000Z","dateModified":"2024-03-27T19:07:33.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Mark Sherman \u003cbr> Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11980822/supreme-court-expected-to-preserve-access-to-abortion-medication-mifepristone","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The \u003ca href=\"https://apnews.com/hub/us-supreme-court\">Supreme Court\u003c/a> on Tuesday seemed likely to preserve access to a medication that was used in \u003ca href=\"https://apnews.com/article/abortion-pills-mifepristone-supreme-court-27d18f91242eb08c4d805880ddb5bb60\">nearly two-thirds of all abortions\u003c/a> in the U.S. last year, in the court’s first abortion case since conservative justices \u003ca href=\"https://apnews.com/article/abortion-supreme-court-decision-854f60302f21c2c35129e58cf8d8a7b0\">overturned Roe v. Wade\u003c/a> two years ago.\u003c/p>\n\u003cp>In nearly 90 minutes of arguments, a consensus appeared to emerge that the abortion opponents who challenged the FDA’s approval of the medication, mifepristone, and subsequent actions to ease access to it lack the legal right or standing to sue.\u003c/p>\n\u003cp>Such a decision would leave in place the current rules that allow patients to receive the drug through the mail, without any need for an in-person visit with a doctor, and to take the medication to induce an abortion through 10 weeks of pregnancy. Should the court take the no-standing route, it would avoid the more politically sensitive aspects of the case.\u003c/p>\n\u003cp>The high court’s return to the abortion thicket is taking place in a political and regulatory landscape that was reshaped by its abortion decision in 2022 that led many Republican-led states to ban or severely restrict abortion.\u003c/p>\n\u003cp>Solicitor General Elizabeth Prelogar, the Biden administration’s top Supreme Court lawyer, said the court should dismiss the case and make clear that anti-abortion doctors and organizations don’t “come within 100 miles” of having standing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Even three justices who were in the majority to overturn Roe posed skeptical questions about standing to the lawyer for the abortion opponents. Justices Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh are former President Donald Trump’s three Supreme Court appointees.\u003c/p>\n\u003cp>Barrett, for example, seemed to doubt that the doctors identified by lawyer Erin Hawley could show that they were actually harmed by the FDA’s actions, one of the requirements for showing standing.\u003c/p>\n\u003cp>“The difficulty, to me, is that the affidavits do read more like conscience objections,” Barrett said.\u003c/p>\n\u003cp>Kavanaugh had only one question during the entire session and it too seemed to be focused on the technical issue of standing. He asked Prelogar to confirm that “under federal law, no doctors can be forced against their consciences to perform or assist in an abortion.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11980696,news_11973441,news_11958412","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Abortion opponents are asking the justices to ratify \u003ca href=\"https://apnews.com/article/abortion-pill-restrictions-appeals-court-402be732d162af449c40ed1315cfb851\">a ruling\u003c/a> from a conservative federal appeals court that would limit access to mifepristone, one of two \u003ca href=\"https://apnews.com/article/mifepristone-supreme-court-abortion-d451e14148ffbe6ce4811b1a37651480\">drugs used in medication abortions\u003c/a>.\u003c/p>\n\u003cp>That ruling had immediate political consequences, and the outcome in the current case, expected by early summer, could affect races for Congress and the White House.\u003c/p>\n\u003cp>Another abortion case is already on the docket. Next month, the justices will hear arguments over whether \u003ca href=\"https://apnews.com/article/supreme-court-abortion-medical-emergencies-idaho-8ca89d7de0c1fa9256dcd27d1847e144\">a federal law on emergency treatment \u003c/a>at hospitals must include abortions, even in states that have otherwise banned them.\u003c/p>\n\u003cp>The scene outside the Supreme Court was lively Tuesday morning, with demonstrators occupying the streets surrounding the court and groups on both sides of the issue marching and chanting. The police also blocked traffic surrounding the court.\u003c/p>\n\u003cp>The practical consequences of a ruling for abortion opponents would be dramatic, including possibly halting the delivery of mifepristone through the mail and at large pharmacy chains and ending increasingly popular telehealth visits at which the drug can be prescribed.\u003c/p>\n\u003cp>President Joe Biden’s administration and drug manufacturers warn that such an outcome could also undermine the FDA’s drug approval process more widely by inviting judges to second-guess the agency’s scientific judgments. The Democratic administration and New York-based Danco Laboratories, which makes mifepristone, say that the \u003ca href=\"https://apnews.com/article/mifepristone-abortion-pill-supreme-court-1d2221251197a391c9bca833918e4554\">drug is among the safest\u003c/a> the FDA has ever approved.\u003c/p>\n\u003cp>Justice Ketanji Brown Jackson, a Biden appointee who joined the court just after the last abortion case, signaled her agreement with some of those arguments when she asked Jessica Ellsworth, Danco’s lawyer, whether she has concerns “about judges parsing medical and scientific studies.”\u003c/p>\n\u003cp>The abortion opponents argue that the FDA’s decisions in 2016 and 2021 to relax restrictions on getting the drug were unreasonable and, as Hawley wrote in her clients’ main legal brief, “jeopardize women’s health across the nation.” She argued Tuesday that she was asking the court to affirm a ruling that “merely restored long-standing and crucial protections under which millions of women used abortion drugs.” Her husband, Sen. Josh Hawley, R-Missouri, and one of their children were in the courtroom to watch her first arguments.\u003c/p>\n\u003cp>The mifepristone case began five months after the Supreme Court overturned Roe v. Wade. Abortion opponents initially won a sweeping ruling nearly a year ago from \u003ca href=\"https://apnews.com/article/texas-judge-matthew-kacsmaryk-abortion-pill-fda-75964b777ef09593a1ad948c6cfc0237\">U.S. District Judge Matthew Kacsmaryk\u003c/a>, a Trump nominee in Texas, which would have revoked the drug’s approval entirely. The 5th U.S. Circuit Court of Appeals left intact the FDA’s initial approval of mifepristone. However, it would reverse the changes that regulators made in 2016 and 2021, which eased some of the conditions for administering the drug.\u003c/p>\n\u003cp>The Supreme Court put the appeals court’s modified ruling on hold, then agreed to hear the case, though Justices Samuel Alito, the author of the decision overturning Roe, and Clarence Thomas would have allowed some restrictions to take effect while the case proceeded.\u003c/p>\n\u003cp>In arguments highly focused on technical legal issues, Alito and Thomas asked some of the few questions Tuesday on the substance of the case, including about sending mifepristone through the mail.\u003c/p>\n\u003cp>They referred to the Comstock Act, a rarely used, 151-year-old criminal law that has been revived by anti-abortion advocates seeking to block the delivery of mifepristone through the U.S. mail. Addressing Ellsworth, Thomas said the law is “fairly broad, and it specifically covers drugs such as yours.”\u003c/p>\n\u003cp>Even if the court doesn’t address the Comstock Act in its ruling, some abortion rights advocates fear that a future administration that favors abortion restrictions could invoke the law to roll back access to mifepristone.\u003c/p>\n\u003cp>Mifepristone is one of two drugs, along with misoprostol, used in medication abortions. Their numbers have been rising for years. More than 6 million people have used mifepristone since 2000. \u003ca href=\"https://apnews.com/article/mifepristone-supreme-court-abortion-d451e14148ffbe6ce4811b1a37651480\">Mifepristone\u003c/a> is taken first to dilate the cervix and block the hormone progesterone, which is needed to sustain a pregnancy. Misoprostol is taken 24 to 48 hours later, causing the uterus to contract and expel pregnancy tissue.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Health care providers have said that if mifepristone is no longer available or is too hard to obtain, they would switch to using only misoprostol, which is somewhat less effective in ending pregnancies.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11980822/supreme-court-expected-to-preserve-access-to-abortion-medication-mifepristone","authors":["byline_news_11980822"],"categories":["news_8"],"tags":["news_23790","news_20402","news_932"],"featImg":"news_11946812","label":"news"},"news_11980696":{"type":"posts","id":"news_11980696","meta":{"index":"posts_1591205157","site":"news","id":"11980696","score":null,"sort":[1711407634000]},"guestAuthors":[],"slug":"supreme-court-case-could-reshape-abortion-access-and-drug-industry-oversight","title":"What's at Stake in the Supreme Court Mifepristone Case?","publishDate":1711407634,"format":"standard","headTitle":"What’s at Stake in the Supreme Court Mifepristone Case? | KQED","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>Just months after the Supreme Court overturned \u003cem>Roe v. Wade \u003c/em>in 2022, a newly formed group called the Alliance for Hippocratic Medicine sued the Food and Drug Administration, challenging its approval of mifepristone, a medication used for abortion.\u003c/p>\n\u003cp>On Tuesday, the same justices who undid constitutional protection for abortion will hear arguments in the next frontier of abortion restriction: tightening access across the country for a medication that’s used in nearly two-thirds of all abortions nationally.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Mary Ziegler, law professor, UC Davis\"]‘This is a reminder that what happens in the federal courts can override what voters decide.’[/pullquote]That is the main issue in \u003cem>FDA v. Alliance for Hippocratic Medicine. \u003c/em>On one side are anti-abortion rights physicians and organizations. \u003ca href=\"https://adfmedialegalfiles.blob.core.windows.net/files/AllianceForHippocraticMedicineComplaint.pdf\">Originally\u003c/a>, they argued that the FDA should not have approved mifepristone in 2000; now, they’re \u003ca href=\"https://adfmedialegalfiles.blob.core.windows.net/files/AHM-OpeningBrief.pdf\">focusing on the argument\u003c/a> that it should not have made it easier to access in 2016 and 2021.\u003c/p>\n\u003cp>On the other side is FDA and the drugmaker, Danco, \u003ca href=\"https://www.kff.org/womens-health-policy/issue-brief/medication-abortion-fda-supreme-court-alliance-hippocratic-medicine/\">who say\u003c/a> that the challengers aren’t actually harmed by the prescribing rules (and thus don’t have standing to bring the case) and that the FDA followed correct procedure and the scientific evidence in making its decisions.\u003c/p>\n\u003cp>It’s a closely-watched case because the stakes are extremely high – not just for abortion access and reproductive health care, but for the drug industry and even the authority of federal agencies. Here is a summary of what’s at stake.\u003c/p>\n\u003ch2>1. It could make medication abortion much harder to get\u003c/h2>\n\u003cp>At least \u003ca href=\"https://www.npr.org/sections/health-shots/2024/03/19/1238293143/abortion-data-how-many-us-2023\">63% of all abortions\u003c/a> last year were medication abortions. They involve taking one dose of mifepristone, which blocks the pregnancy hormone progesterone, and one dose of misoprostol, which causes cramping and empties the uterus. Dozens of studies have found that the combination of these pills is \u003ca href=\"https://www.ncbi.nlm.nih.gov/books/NBK507232/#sec_000054\">safe and effective\u003c/a> for abortion, whether prescribed in a clinic or \u003ca href=\"https://www.npr.org/sections/health-shots/2024/02/15/1231652715/abortion-pill-telehealth-supreme-court-safe-study-mifepristone#:~:text=All%20Things%20Considered-,Abortion%20pills%20prescribed%20via%20telehealth%20are%20safe%20and%20effective%2C%20study,by%20any%20serious%20adverse%20events.\">through telemedicine\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside postID=\"news_11973441,news_11976304,news_11958412\" label=\"Related Stories\"]Last August, the Fifth Circuit Court of Appeals \u003ca href=\"https://www.npr.org/sections/health-shots/2023/08/16/1194280392/ruling-deals-blow-to-access-to-abortion-pill-mifepristone-but-nothing-changes-ye\">ruled\u003c/a> that the FDA should roll back its prescribing rules to what they were in 2011. That would dramatically reduce the number of people able to access this medication for several reasons. It would shut down telemedicine access to the medication and could undo retail pharmacies’ \u003ca href=\"https://www.npr.org/2024/03/01/1235265078/abortion-pill-cvs-walgreens-mifepristone#:~:text=CVS%20and%20Walgreens%2C%20two%20of,companies%20separately%20confirmed%20to%20NPR.\">new ability to dispense it\u003c/a>.\u003c/p>\n\u003cp>It would also make it only available until seven weeks of pregnancy, instead of 10 weeks under the current rules, along with other changes. (Globally, the medication can be used \u003ca href=\"https://www.guttmacher.org/2023/07/mifepristone-abortion-global-context-safe-effective-and-approved-nearly-100-countries#:~:text=The%20World%20Health%20Organization%20(WHO,methods%20of%20ending%20a%20pregnancy.\">as late as 12 weeks\u003c/a>.)\u003c/p>\n\u003cp>Even though the difference between seven and 10 weeks might not sound like much, nearly half of medication abortions happen after seven weeks, \u003ca href=\"https://www.cdc.gov/mmwr/volumes/72/ss/ss7209a1.htm#T13_down\">according to the CDC\u003c/a>. Melissa Grant, COO of \u003ca href=\"https://carafem.org/\">carafem\u003c/a>, which runs abortion clinics and provides telemedicine abortions, explains that’s because the earliest someone might find out they’re pregnant is at four weeks.\u003c/p>\n\u003cp>A seven-week limit gives people three weeks, at most, “to get a positive pregnancy test, determine what option is best for them, potentially involve people that they care about in their lives, find an appointment, look at potential assistance for the finances of it, and then actually go and get the medication and use it,” she says. “That’s a rapid turnaround.”\u003c/p>\n\u003cp>Many abortion providers are prepared to switch to another regimen, using \u003ca href=\"https://www.npr.org/sections/health-shots/2023/04/10/1168857095/misoprostol-only-medical-abortion\">only misoprostol\u003c/a>, but it requires more doses, which come with more side effects. And Grant says that regimen might be the next target if the challengers succeed in restricting mifepristone. “We wouldn’t be surprised if the next move on the political chessboard is to make both of these drugs unavailable,” she says.\u003c/p>\n\u003ch2>2. It would hamper miscarriage care\u003c/h2>\n\u003cp>When someone has a miscarriage, doctors often prescribe the same mifepristone plus misoprostol regimen. The treatment can potentially ward off weeks of waiting, worrying and bleeding.\u003c/p>\n\u003cp>For instance, Michelle Brown \u003ca href=\"https://www.npr.org/sections/health-shots/2023/05/17/1176514276/mifepristone-abortion-miscarriage-pill\">told NPR\u003c/a> that after she learned she was miscarrying, she was nervous she would start bleeding on her long commute to work in Louisiana, where there was no safe place to pull over. Taking mifepristone allowed her to plan ahead so she could be comfortable at home with her then-fiancé.\u003c/p>\n\u003cp>Larissa Adams explained to NPR that taking mifepristone allowed her to get through years of family planning challenges that involved miscarriage after miscarriage after miscarriage.\u003c/p>\n\u003cp>“We use this medication in lots of different ways and for lots of different care,” including for miscarriage and pregnancy loss, says \u003ca href=\"https://prh.org/staff/dr-jamila-perritt-president-ceo/\">Dr. Jamila Perritt\u003c/a>, an OB-GYN in Washington D.C. who’s the President of Physicians for Reproductive Health. “If this medication is restricted or banned completely, no one will be able to get access to it with any ease,” she says.\u003c/p>\n\u003ch2>3. It could affect the whole country, including voters’ preferences in blue states\u003c/h2>\n\u003cp>In the nearly two years since the Supreme Court overturned \u003cem>Roe\u003c/em>, states have moved in two opposing directions – about half of states ban or seriously restrict abortion, and the other half have passed measures to protect access.\u003c/p>\n\u003cp>A Supreme Court decision that restricts access to mifepristone would affect the whole country.\u003c/p>\n\u003cp>“I think there’s been to some degree a false sense of security created by ballot initiatives [protecting abortion access] in some states,” says \u003ca href=\"https://law.ucdavis.edu/people/mary-ziegler\">Mary Ziegler,\u003c/a> a law professor at the University of California-Davis. “People are thinking, ‘What happens in the Supreme Court doesn’t really matter because I live in California or I live in Michigan or I live in Ohio’ – that, essentially, if you voted for a ballot initiative or you live in a blue state, you don’t have to worry about it.”\u003c/p>\n\u003cp>“This is a reminder that what happens in the federal courts can override what voters decide,” she adds.\u003c/p>\n\u003ch2>4. It could interfere with state sovereignty\u003c/h2>\n\u003cp>A ruling to limit access to mifepristone would extend into the states that have attempted to protect access. That’s why a group of 22 Democratic governors \u003ca href=\"https://governor.wa.gov/news/2024/reproductive-freedom-alliance-urges-supreme-court-respect-longstanding-fda-authority-access-safe\">filed an amicus brief\u003c/a> in this case. It argues that, if successful, the challengers’ strategy of using federal courts to override the FDA’s judgment, “would have an enormously disruptive impact on state governance and hamstring governors’ ability to fulfill their mandate of protecting public health and safety in the reproductive health care context and beyond.”\u003c/p>\n\u003cp>Ziegler observes there’s an irony here.\u003c/p>\n\u003cp>“When the Supreme Court overruled \u003cem>Roe\u003c/em>, the takeaway, if you will, from Justice Alito, was, ‘It’s time for this question to be returned to the people and their elected representatives,'” she observes. “And yet, fast forward less than two years later and we have two major abortion cases at the Supreme Court, both of which could very much reconfigure what happens in states.” (The other \u003ca href=\"https://www.npr.org/2024/01/05/1216284896/supreme-court-allows-idaho-abortion-ban-to-be-enacted-first-such-ruling-since-do\">case, from Idaho\u003c/a>, challenges federal rules requiring abortion during a medical emergency, regardless of state restrictions.)\u003c/p>\n\u003ch2>6. The drug industry could face destabilizing uncertainty\u003c/h2>\n\u003cp>Drugmakers are quite concerned about the mifepristone case. Hundreds of drug company executives \u003ca href=\"https://docsend.com/view/2ahvmwy8djzxax3g\">signed a letter\u003c/a> last year in support of the FDA’s authority to regulate medications without judicial interference. Many also submitted \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-235/299230/20240130145318224_23-235%20236%20tsac%20Pharma%20Merits%20Amicus%20FINAL.pdf\">an amicus brief\u003c/a>.\u003c/p>\n\u003cp>“This case is about mifepristone right now – it’s about one medicine, but it really could be any medicine, ” Dr. Amanda Banks, a consultant who signed the amicus brief, says in a press conference this month organized by the ACLU.\u003c/p>\n\u003cp>“The [FDA] regulatory process that we rely upon as an industry is rigorous and long and it’s expensive,” she explained, adding that it’s not a perfect process, but it’s predictable. If it can be undone by plaintiffs who morally object to a medicine and friendly federal courts, that predictability goes out the window, she says.\u003c/p>\n\u003cp>The uncertainty could affect investors and drug companies and “could put innovation for new drugs and much, much-needed therapies for patients, not just in the United States, but globally, at fundamental risk,” Banks says.\u003c/p>\n\u003cp>It could also set a new precedent, Ziegler adds. “Any drug could get a second look from federal judges who are not reviewing as much evidence [as FDA scientists], or are not competent to review as much evidence, because they don’t like the way the FDA handled it,” she says.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-235/299512/20240201143618529_23-235%20and%2023-236%20tsac%20Motion%20For%20Leave%20To%20File%20Brief%20And%20Ac%20Former%20Commissioners%20Of%20The%20U.S.%20Food%20And%20Drug%20Administration.pdf\">another amicus brief\u003c/a>, former FDA commissioners argued that drug companies could make use of a precedent set by this case to challenge a competitor’s FDA approval. Or, they write, “Organizations representing patients who experience rare adverse events could challenge FDA’s risk-benefit analyses and attempt to bar access to safe and effective remedies for others who need them.”\u003c/p>\n\u003cp>“I think that’s why the pharmaceutical industry is nervous,” Ziegler says. “They’re saying, if this could happen with mifepristone, which has a very, very low complication rate and which is very, very well studied because it’s been controversial, then what would stop anyone from doing it with every other drug?”\u003c/p>\n\u003ch2>7. A path toward a national abortion ban is embedded in the cas\u003cstrong>e\u003c/strong>\u003c/h2>\n\u003cp>Legal scholars like Ziegler also note that there’s an even bigger way that this case could affect everyone in the country. “You have, lurking in the background, the possibility that the Comstock Act is going to be reinvented as an abortion ban,” she says.\u003c/p>\n\u003cp>\u003ca href=\"https://www.npr.org/2023/04/18/1170371877/abortion-pill-mifepristone-judge-comstock\">The Comstock Act\u003c/a> is a 19th-century law prohibiting the mailing of things for “indecent” or “immoral” use. The plaintiffs in this case use Comstock in one of their arguments, treating it as a straightforward statute and not a defunct law.\u003c/p>\n\u003cp>The rules included in the Comstock Act could encompass not just abortion pills but birth control and any equipment used for any type of abortion, and Ziegler says this could effectively inhibit all abortion care in the U.S.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Regardless of what the ultimate decision on mifepristone is, “if the court says, ‘your reading of the Comstock Act is right,’ there are any number of anti-abortion groups that will try to find a way to get back to the Supreme Court to explore all those implications,” Ziegler says.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2024 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=What%27s+at+stake+in+the+Supreme+Court+mifepristone+case&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n","blocks":[],"excerpt":"The case could affect not just abortion access but also oversight of the drug industry and the authority of federal agencies.","status":"publish","parent":0,"modified":1711431048,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1770},"headData":{"title":"What's at Stake in the Supreme Court Mifepristone Case? | KQED","description":"The case could affect not just abortion access but also oversight of the drug industry and the authority of federal agencies.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"What's at Stake in the Supreme Court Mifepristone Case?","datePublished":"2024-03-25T23:00:34.000Z","dateModified":"2024-03-26T05:30:48.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Selena Simmons-Duffin","nprImageAgency":"Tracy Lee for NPR","nprStoryId":"1240282129","nprApiLink":"http://api.npr.org/query?id=1240282129&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/sections/health-shots/2024/03/25/1240282129/mifepristone-supreme-court-fda-medication-abortion-explainer?ft=nprml&f=1240282129","nprRetrievedStory":"1","nprPubDate":"Mon, 25 Mar 2024 10:01:00 -0400","nprStoryDate":"Mon, 25 Mar 2024 10:01:06 -0400","nprLastModifiedDate":"Mon, 25 Mar 2024 10:01:06 -0400","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11980696/supreme-court-case-could-reshape-abortion-access-and-drug-industry-oversight","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Just months after the Supreme Court overturned \u003cem>Roe v. Wade \u003c/em>in 2022, a newly formed group called the Alliance for Hippocratic Medicine sued the Food and Drug Administration, challenging its approval of mifepristone, a medication used for abortion.\u003c/p>\n\u003cp>On Tuesday, the same justices who undid constitutional protection for abortion will hear arguments in the next frontier of abortion restriction: tightening access across the country for a medication that’s used in nearly two-thirds of all abortions nationally.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This is a reminder that what happens in the federal courts can override what voters decide.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Mary Ziegler, law professor, UC Davis","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>That is the main issue in \u003cem>FDA v. Alliance for Hippocratic Medicine. \u003c/em>On one side are anti-abortion rights physicians and organizations. \u003ca href=\"https://adfmedialegalfiles.blob.core.windows.net/files/AllianceForHippocraticMedicineComplaint.pdf\">Originally\u003c/a>, they argued that the FDA should not have approved mifepristone in 2000; now, they’re \u003ca href=\"https://adfmedialegalfiles.blob.core.windows.net/files/AHM-OpeningBrief.pdf\">focusing on the argument\u003c/a> that it should not have made it easier to access in 2016 and 2021.\u003c/p>\n\u003cp>On the other side is FDA and the drugmaker, Danco, \u003ca href=\"https://www.kff.org/womens-health-policy/issue-brief/medication-abortion-fda-supreme-court-alliance-hippocratic-medicine/\">who say\u003c/a> that the challengers aren’t actually harmed by the prescribing rules (and thus don’t have standing to bring the case) and that the FDA followed correct procedure and the scientific evidence in making its decisions.\u003c/p>\n\u003cp>It’s a closely-watched case because the stakes are extremely high – not just for abortion access and reproductive health care, but for the drug industry and even the authority of federal agencies. Here is a summary of what’s at stake.\u003c/p>\n\u003ch2>1. It could make medication abortion much harder to get\u003c/h2>\n\u003cp>At least \u003ca href=\"https://www.npr.org/sections/health-shots/2024/03/19/1238293143/abortion-data-how-many-us-2023\">63% of all abortions\u003c/a> last year were medication abortions. They involve taking one dose of mifepristone, which blocks the pregnancy hormone progesterone, and one dose of misoprostol, which causes cramping and empties the uterus. Dozens of studies have found that the combination of these pills is \u003ca href=\"https://www.ncbi.nlm.nih.gov/books/NBK507232/#sec_000054\">safe and effective\u003c/a> for abortion, whether prescribed in a clinic or \u003ca href=\"https://www.npr.org/sections/health-shots/2024/02/15/1231652715/abortion-pill-telehealth-supreme-court-safe-study-mifepristone#:~:text=All%20Things%20Considered-,Abortion%20pills%20prescribed%20via%20telehealth%20are%20safe%20and%20effective%2C%20study,by%20any%20serious%20adverse%20events.\">through telemedicine\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11973441,news_11976304,news_11958412","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Last August, the Fifth Circuit Court of Appeals \u003ca href=\"https://www.npr.org/sections/health-shots/2023/08/16/1194280392/ruling-deals-blow-to-access-to-abortion-pill-mifepristone-but-nothing-changes-ye\">ruled\u003c/a> that the FDA should roll back its prescribing rules to what they were in 2011. That would dramatically reduce the number of people able to access this medication for several reasons. It would shut down telemedicine access to the medication and could undo retail pharmacies’ \u003ca href=\"https://www.npr.org/2024/03/01/1235265078/abortion-pill-cvs-walgreens-mifepristone#:~:text=CVS%20and%20Walgreens%2C%20two%20of,companies%20separately%20confirmed%20to%20NPR.\">new ability to dispense it\u003c/a>.\u003c/p>\n\u003cp>It would also make it only available until seven weeks of pregnancy, instead of 10 weeks under the current rules, along with other changes. (Globally, the medication can be used \u003ca href=\"https://www.guttmacher.org/2023/07/mifepristone-abortion-global-context-safe-effective-and-approved-nearly-100-countries#:~:text=The%20World%20Health%20Organization%20(WHO,methods%20of%20ending%20a%20pregnancy.\">as late as 12 weeks\u003c/a>.)\u003c/p>\n\u003cp>Even though the difference between seven and 10 weeks might not sound like much, nearly half of medication abortions happen after seven weeks, \u003ca href=\"https://www.cdc.gov/mmwr/volumes/72/ss/ss7209a1.htm#T13_down\">according to the CDC\u003c/a>. Melissa Grant, COO of \u003ca href=\"https://carafem.org/\">carafem\u003c/a>, which runs abortion clinics and provides telemedicine abortions, explains that’s because the earliest someone might find out they’re pregnant is at four weeks.\u003c/p>\n\u003cp>A seven-week limit gives people three weeks, at most, “to get a positive pregnancy test, determine what option is best for them, potentially involve people that they care about in their lives, find an appointment, look at potential assistance for the finances of it, and then actually go and get the medication and use it,” she says. “That’s a rapid turnaround.”\u003c/p>\n\u003cp>Many abortion providers are prepared to switch to another regimen, using \u003ca href=\"https://www.npr.org/sections/health-shots/2023/04/10/1168857095/misoprostol-only-medical-abortion\">only misoprostol\u003c/a>, but it requires more doses, which come with more side effects. And Grant says that regimen might be the next target if the challengers succeed in restricting mifepristone. “We wouldn’t be surprised if the next move on the political chessboard is to make both of these drugs unavailable,” she says.\u003c/p>\n\u003ch2>2. It would hamper miscarriage care\u003c/h2>\n\u003cp>When someone has a miscarriage, doctors often prescribe the same mifepristone plus misoprostol regimen. The treatment can potentially ward off weeks of waiting, worrying and bleeding.\u003c/p>\n\u003cp>For instance, Michelle Brown \u003ca href=\"https://www.npr.org/sections/health-shots/2023/05/17/1176514276/mifepristone-abortion-miscarriage-pill\">told NPR\u003c/a> that after she learned she was miscarrying, she was nervous she would start bleeding on her long commute to work in Louisiana, where there was no safe place to pull over. Taking mifepristone allowed her to plan ahead so she could be comfortable at home with her then-fiancé.\u003c/p>\n\u003cp>Larissa Adams explained to NPR that taking mifepristone allowed her to get through years of family planning challenges that involved miscarriage after miscarriage after miscarriage.\u003c/p>\n\u003cp>“We use this medication in lots of different ways and for lots of different care,” including for miscarriage and pregnancy loss, says \u003ca href=\"https://prh.org/staff/dr-jamila-perritt-president-ceo/\">Dr. Jamila Perritt\u003c/a>, an OB-GYN in Washington D.C. who’s the President of Physicians for Reproductive Health. “If this medication is restricted or banned completely, no one will be able to get access to it with any ease,” she says.\u003c/p>\n\u003ch2>3. It could affect the whole country, including voters’ preferences in blue states\u003c/h2>\n\u003cp>In the nearly two years since the Supreme Court overturned \u003cem>Roe\u003c/em>, states have moved in two opposing directions – about half of states ban or seriously restrict abortion, and the other half have passed measures to protect access.\u003c/p>\n\u003cp>A Supreme Court decision that restricts access to mifepristone would affect the whole country.\u003c/p>\n\u003cp>“I think there’s been to some degree a false sense of security created by ballot initiatives [protecting abortion access] in some states,” says \u003ca href=\"https://law.ucdavis.edu/people/mary-ziegler\">Mary Ziegler,\u003c/a> a law professor at the University of California-Davis. “People are thinking, ‘What happens in the Supreme Court doesn’t really matter because I live in California or I live in Michigan or I live in Ohio’ – that, essentially, if you voted for a ballot initiative or you live in a blue state, you don’t have to worry about it.”\u003c/p>\n\u003cp>“This is a reminder that what happens in the federal courts can override what voters decide,” she adds.\u003c/p>\n\u003ch2>4. It could interfere with state sovereignty\u003c/h2>\n\u003cp>A ruling to limit access to mifepristone would extend into the states that have attempted to protect access. That’s why a group of 22 Democratic governors \u003ca href=\"https://governor.wa.gov/news/2024/reproductive-freedom-alliance-urges-supreme-court-respect-longstanding-fda-authority-access-safe\">filed an amicus brief\u003c/a> in this case. It argues that, if successful, the challengers’ strategy of using federal courts to override the FDA’s judgment, “would have an enormously disruptive impact on state governance and hamstring governors’ ability to fulfill their mandate of protecting public health and safety in the reproductive health care context and beyond.”\u003c/p>\n\u003cp>Ziegler observes there’s an irony here.\u003c/p>\n\u003cp>“When the Supreme Court overruled \u003cem>Roe\u003c/em>, the takeaway, if you will, from Justice Alito, was, ‘It’s time for this question to be returned to the people and their elected representatives,'” she observes. “And yet, fast forward less than two years later and we have two major abortion cases at the Supreme Court, both of which could very much reconfigure what happens in states.” (The other \u003ca href=\"https://www.npr.org/2024/01/05/1216284896/supreme-court-allows-idaho-abortion-ban-to-be-enacted-first-such-ruling-since-do\">case, from Idaho\u003c/a>, challenges federal rules requiring abortion during a medical emergency, regardless of state restrictions.)\u003c/p>\n\u003ch2>6. The drug industry could face destabilizing uncertainty\u003c/h2>\n\u003cp>Drugmakers are quite concerned about the mifepristone case. Hundreds of drug company executives \u003ca href=\"https://docsend.com/view/2ahvmwy8djzxax3g\">signed a letter\u003c/a> last year in support of the FDA’s authority to regulate medications without judicial interference. Many also submitted \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-235/299230/20240130145318224_23-235%20236%20tsac%20Pharma%20Merits%20Amicus%20FINAL.pdf\">an amicus brief\u003c/a>.\u003c/p>\n\u003cp>“This case is about mifepristone right now – it’s about one medicine, but it really could be any medicine, ” Dr. Amanda Banks, a consultant who signed the amicus brief, says in a press conference this month organized by the ACLU.\u003c/p>\n\u003cp>“The [FDA] regulatory process that we rely upon as an industry is rigorous and long and it’s expensive,” she explained, adding that it’s not a perfect process, but it’s predictable. If it can be undone by plaintiffs who morally object to a medicine and friendly federal courts, that predictability goes out the window, she says.\u003c/p>\n\u003cp>The uncertainty could affect investors and drug companies and “could put innovation for new drugs and much, much-needed therapies for patients, not just in the United States, but globally, at fundamental risk,” Banks says.\u003c/p>\n\u003cp>It could also set a new precedent, Ziegler adds. “Any drug could get a second look from federal judges who are not reviewing as much evidence [as FDA scientists], or are not competent to review as much evidence, because they don’t like the way the FDA handled it,” she says.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-235/299512/20240201143618529_23-235%20and%2023-236%20tsac%20Motion%20For%20Leave%20To%20File%20Brief%20And%20Ac%20Former%20Commissioners%20Of%20The%20U.S.%20Food%20And%20Drug%20Administration.pdf\">another amicus brief\u003c/a>, former FDA commissioners argued that drug companies could make use of a precedent set by this case to challenge a competitor’s FDA approval. Or, they write, “Organizations representing patients who experience rare adverse events could challenge FDA’s risk-benefit analyses and attempt to bar access to safe and effective remedies for others who need them.”\u003c/p>\n\u003cp>“I think that’s why the pharmaceutical industry is nervous,” Ziegler says. “They’re saying, if this could happen with mifepristone, which has a very, very low complication rate and which is very, very well studied because it’s been controversial, then what would stop anyone from doing it with every other drug?”\u003c/p>\n\u003ch2>7. A path toward a national abortion ban is embedded in the cas\u003cstrong>e\u003c/strong>\u003c/h2>\n\u003cp>Legal scholars like Ziegler also note that there’s an even bigger way that this case could affect everyone in the country. “You have, lurking in the background, the possibility that the Comstock Act is going to be reinvented as an abortion ban,” she says.\u003c/p>\n\u003cp>\u003ca href=\"https://www.npr.org/2023/04/18/1170371877/abortion-pill-mifepristone-judge-comstock\">The Comstock Act\u003c/a> is a 19th-century law prohibiting the mailing of things for “indecent” or “immoral” use. The plaintiffs in this case use Comstock in one of their arguments, treating it as a straightforward statute and not a defunct law.\u003c/p>\n\u003cp>The rules included in the Comstock Act could encompass not just abortion pills but birth control and any equipment used for any type of abortion, and Ziegler says this could effectively inhibit all abortion care in the U.S.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Regardless of what the ultimate decision on mifepristone is, “if the court says, ‘your reading of the Comstock Act is right,’ there are any number of anti-abortion groups that will try to find a way to get back to the Supreme Court to explore all those implications,” Ziegler says.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2024 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=What%27s+at+stake+in+the+Supreme+Court+mifepristone+case&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11980696/supreme-court-case-could-reshape-abortion-access-and-drug-industry-oversight","authors":["byline_news_11980696"],"categories":["news_8"],"tags":["news_30251","news_31255","news_27626","news_932"],"affiliates":["news_253"],"featImg":"news_11980697","label":"news_253"},"news_11979853":{"type":"posts","id":"news_11979853","meta":{"index":"posts_1591205157","site":"news","id":"11979853","score":null,"sort":[1710800673000]},"guestAuthors":[],"slug":"supreme-court-seems-to-favor-biden-in-battle-against-controversial-social-media-posts","title":"Supreme Court Seems to Favor Biden in Battle Against Controversial Social Media Posts","publishDate":1710800673,"format":"standard","headTitle":"Supreme Court Seems to Favor Biden in Battle Against Controversial Social Media Posts | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The \u003ca href=\"https://apnews.com/hub/us-supreme-court\">Supreme Court\u003c/a> seemed likely Monday to side with the Biden administration in a dispute with Republican-led states over how far the federal government can go to combat \u003ca href=\"https://apnews.com/article/social-media-biden-administration-lawsuit-injunction-6322aae981bdc5c9009babde4b31ab60\">controversial social media posts\u003c/a> on topics including COVID-19 and election security in a case that could set standards for free speech in the digital age.\u003c/p>\n\u003cp>The justices seemed broadly skeptical during nearly two hours of arguments that a lawyer for Louisiana, Missouri and other parties presented, accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Alex Abdo, litigation director of the Knight First Amendment Institute, Columbia University\"]‘We’re encouraged that the Court was sensitive both to the First Amendment rights of platforms and their users, and to the public interest in having a government empowered to participate in public discourse.’[/pullquote]Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue.\u003c/p>\n\u003cp>Several justices said they were concerned that common interactions between government officials and the platforms could be affected by a ruling for the states.\u003c/p>\n\u003cp>In one example, Justice Amy Coney Barrett expressed surprise when Louisiana Solicitor General J. Benjamin Aguiñaga questioned whether the FBI could call Facebook and X, formerly known as Twitter, to encourage them to take down posts that maliciously released someone’s personal information without permission, the practice known as doxxing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Do you know how often the FBI makes those calls?” Barrett asked, suggesting they happen frequently.\u003c/p>\n\u003cp>Justice Brett Kavanaugh also signaled that a ruling for the states would mean that “traditional, everyday communications would suddenly be deemed problematic.”\u003c/p>\n\u003cp>[aside postID=\"science_1985952,education_536058,mindshift_62233\" label=\"Related Stories\"]The case on Monday was among several the court is considering that affect social media companies in the context of free speech. Last week, the court laid out \u003ca href=\"https://apnews.com/article/supreme-court-social-media-public-officials-973f1d18e74faccaa4bfce3bd65cc1af\">standards for when public officials can block their social media followers\u003c/a>. Less than a month ago, the court heard arguments over \u003ca href=\"https://apnews.com/article/supreme-court-social-media-florida-texas-820e90e58e49c1146b69101ece4dd9d5\">Republican-passed laws in Florida and Texas\u003c/a> that prohibit large social media companies from taking down posts because of the views they express.\u003c/p>\n\u003cp>The cases over state laws and the one that was argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints.\u003c/p>\n\u003cp>The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on social media platforms.\u003c/p>\n\u003cp>Aguiñaga put the situation in stark terms, telling the justices that “the record reveals unrelenting pressure by the government to coerce social media platforms to suppress the speech of millions of Americans.”\u003c/p>\n\u003cp>He said that calls merely encouraging the platforms to act could also violate speech rights, responding to a hypothetical situation conjured by Justice Ketanji Brown Jackson about an online challenge that “involved teens jumping out of windows at increasing elevations.”\u003c/p>\n\u003cp>Jackson, joined by Chief Justice John Roberts, pressed the Louisiana lawyer about whether platforms could be encouraged to remove such posts.\u003c/p>\n\u003cp>“I was with you right until that last comment, Your Honor,” Aguiñaga said. “I think they absolutely can call and say this is a problem, it’s going rampant on your platforms, but the moment that the government tries to use its ability as the government and its stature as the government to pressure them to take it down, that is when you’re interfering with the third party’s speech rights.”\u003c/p>\n\u003cp>Justice Samuel Alito appeared most open to the states’ arguments, at one point referring to the government’s “constant pestering of Facebook and some of the other platforms.” Alito, along with Justices Neil Gorsuch and Clarence Thomas, would have allowed the restrictions on government contacts with the platforms to go into effect.\u003c/p>\n\u003cp>Justice Department lawyer Brian Fletcher argued that none of the actions the states complain about come close to problematic coercion and that the federal government would lose its ability to communicate with the social media companies about antisemitic and anti-Muslim posts, as well as on issues of national security, public health and election integrity.\u003c/p>\n\u003cp>The platforms are large sophisticated actors with no reluctance to stand up to the government, “saying no repeatedly when they disagree with what the government is asking them to do,” Fletcher said.\u003c/p>\n\u003cp>Justice Elena Kagan and Kavanaugh, two justices who served in the White House earlier in their careers, seemed to agree, likening the exchanges between officials and the platforms to relationships between the government and more traditional media.\u003c/p>\n\u003cp>Kavanaugh described “experienced government press people throughout the federal government who regularly call up the media and — and berate them.”\u003c/p>\n\u003cp>Later, Kagan said, “I mean, this happens literally thousands of times a day in the federal government.”\u003c/p>\n\u003cp>Alito, gesturing at the courtroom’s press section, mused that whenever reporters “write something we don’t like,” the court’s chief spokeswoman “can call them up and curse them out and say…why don’t we be partners? We’re on the same team. Why don’t you show us what you’re going to write beforehand? We’ll edit it for you, make sure it’s accurate.”\u003c/p>\n\u003cp>Free speech advocates said the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.\u003c/p>\n\u003cp>“We’re encouraged that the Court was sensitive both to the First Amendment rights of platforms and their users and to the public interest in having a government empowered to participate in public discourse. To that end, we hope that the Court resolves these cases by making clear that the First Amendment prohibits coercion but permits the government to attempt to shape public opinion through the use of persuasion,” Alex Abdo, litigation director of the Knight First Amendment Institute at Columbia University, said in a statement.\u003c/p>\n\u003cp>A panel of three judges on the New Orleans-based 5th U.S. Circuit Court of Appeals had ruled earlier that the Biden administration had probably brought unconstitutional pressure on the media platforms. The appellate panel said officials cannot attempt to “coerce or significantly encourage” changes in online content. The panel had previously narrowed a more sweeping order from a federal judge, who wanted to include even more government officials and prohibit mere encouragement of content changes.\u003c/p>\n\u003cp>A divided Supreme Court put the 5th Circuit ruling on hold in October when it agreed to take up the case.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>A decision in Murthy v. Missouri, 23-411, is expected by early summer.\u003c/p>\n\n","blocks":[],"excerpt":"The high court seems likely to side with Biden's administration in a dispute with Republican-led states over how far the federal government can go to combat controversial social media posts. ","status":"publish","parent":0,"modified":1710803546,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1153},"headData":{"title":"Supreme Court Seems to Favor Biden in Battle Against Controversial Social Media Posts | KQED","description":"The high court seems likely to side with Biden's administration in a dispute with Republican-led states over how far the federal government can go to combat controversial social media posts. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Supreme Court Seems to Favor Biden in Battle Against Controversial Social Media Posts","datePublished":"2024-03-18T22:24:33.000Z","dateModified":"2024-03-18T23:12:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Mark Sherman\u003cbr>The Associated Press\u003c/br>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11979853/supreme-court-seems-to-favor-biden-in-battle-against-controversial-social-media-posts","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The \u003ca href=\"https://apnews.com/hub/us-supreme-court\">Supreme Court\u003c/a> seemed likely Monday to side with the Biden administration in a dispute with Republican-led states over how far the federal government can go to combat \u003ca href=\"https://apnews.com/article/social-media-biden-administration-lawsuit-injunction-6322aae981bdc5c9009babde4b31ab60\">controversial social media posts\u003c/a> on topics including COVID-19 and election security in a case that could set standards for free speech in the digital age.\u003c/p>\n\u003cp>The justices seemed broadly skeptical during nearly two hours of arguments that a lawyer for Louisiana, Missouri and other parties presented, accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We’re encouraged that the Court was sensitive both to the First Amendment rights of platforms and their users, and to the public interest in having a government empowered to participate in public discourse.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Alex Abdo, litigation director of the Knight First Amendment Institute, Columbia University","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue.\u003c/p>\n\u003cp>Several justices said they were concerned that common interactions between government officials and the platforms could be affected by a ruling for the states.\u003c/p>\n\u003cp>In one example, Justice Amy Coney Barrett expressed surprise when Louisiana Solicitor General J. Benjamin Aguiñaga questioned whether the FBI could call Facebook and X, formerly known as Twitter, to encourage them to take down posts that maliciously released someone’s personal information without permission, the practice known as doxxing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Do you know how often the FBI makes those calls?” Barrett asked, suggesting they happen frequently.\u003c/p>\n\u003cp>Justice Brett Kavanaugh also signaled that a ruling for the states would mean that “traditional, everyday communications would suddenly be deemed problematic.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"science_1985952,education_536058,mindshift_62233","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The case on Monday was among several the court is considering that affect social media companies in the context of free speech. Last week, the court laid out \u003ca href=\"https://apnews.com/article/supreme-court-social-media-public-officials-973f1d18e74faccaa4bfce3bd65cc1af\">standards for when public officials can block their social media followers\u003c/a>. Less than a month ago, the court heard arguments over \u003ca href=\"https://apnews.com/article/supreme-court-social-media-florida-texas-820e90e58e49c1146b69101ece4dd9d5\">Republican-passed laws in Florida and Texas\u003c/a> that prohibit large social media companies from taking down posts because of the views they express.\u003c/p>\n\u003cp>The cases over state laws and the one that was argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints.\u003c/p>\n\u003cp>The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on social media platforms.\u003c/p>\n\u003cp>Aguiñaga put the situation in stark terms, telling the justices that “the record reveals unrelenting pressure by the government to coerce social media platforms to suppress the speech of millions of Americans.”\u003c/p>\n\u003cp>He said that calls merely encouraging the platforms to act could also violate speech rights, responding to a hypothetical situation conjured by Justice Ketanji Brown Jackson about an online challenge that “involved teens jumping out of windows at increasing elevations.”\u003c/p>\n\u003cp>Jackson, joined by Chief Justice John Roberts, pressed the Louisiana lawyer about whether platforms could be encouraged to remove such posts.\u003c/p>\n\u003cp>“I was with you right until that last comment, Your Honor,” Aguiñaga said. “I think they absolutely can call and say this is a problem, it’s going rampant on your platforms, but the moment that the government tries to use its ability as the government and its stature as the government to pressure them to take it down, that is when you’re interfering with the third party’s speech rights.”\u003c/p>\n\u003cp>Justice Samuel Alito appeared most open to the states’ arguments, at one point referring to the government’s “constant pestering of Facebook and some of the other platforms.” Alito, along with Justices Neil Gorsuch and Clarence Thomas, would have allowed the restrictions on government contacts with the platforms to go into effect.\u003c/p>\n\u003cp>Justice Department lawyer Brian Fletcher argued that none of the actions the states complain about come close to problematic coercion and that the federal government would lose its ability to communicate with the social media companies about antisemitic and anti-Muslim posts, as well as on issues of national security, public health and election integrity.\u003c/p>\n\u003cp>The platforms are large sophisticated actors with no reluctance to stand up to the government, “saying no repeatedly when they disagree with what the government is asking them to do,” Fletcher said.\u003c/p>\n\u003cp>Justice Elena Kagan and Kavanaugh, two justices who served in the White House earlier in their careers, seemed to agree, likening the exchanges between officials and the platforms to relationships between the government and more traditional media.\u003c/p>\n\u003cp>Kavanaugh described “experienced government press people throughout the federal government who regularly call up the media and — and berate them.”\u003c/p>\n\u003cp>Later, Kagan said, “I mean, this happens literally thousands of times a day in the federal government.”\u003c/p>\n\u003cp>Alito, gesturing at the courtroom’s press section, mused that whenever reporters “write something we don’t like,” the court’s chief spokeswoman “can call them up and curse them out and say…why don’t we be partners? We’re on the same team. Why don’t you show us what you’re going to write beforehand? We’ll edit it for you, make sure it’s accurate.”\u003c/p>\n\u003cp>Free speech advocates said the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.\u003c/p>\n\u003cp>“We’re encouraged that the Court was sensitive both to the First Amendment rights of platforms and their users and to the public interest in having a government empowered to participate in public discourse. To that end, we hope that the Court resolves these cases by making clear that the First Amendment prohibits coercion but permits the government to attempt to shape public opinion through the use of persuasion,” Alex Abdo, litigation director of the Knight First Amendment Institute at Columbia University, said in a statement.\u003c/p>\n\u003cp>A panel of three judges on the New Orleans-based 5th U.S. Circuit Court of Appeals had ruled earlier that the Biden administration had probably brought unconstitutional pressure on the media platforms. The appellate panel said officials cannot attempt to “coerce or significantly encourage” changes in online content. The panel had previously narrowed a more sweeping order from a federal judge, who wanted to include even more government officials and prohibit mere encouragement of content changes.\u003c/p>\n\u003cp>A divided Supreme Court put the 5th Circuit ruling on hold in October when it agreed to take up the case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A decision in Murthy v. Missouri, 23-411, is expected by early summer.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11979853/supreme-court-seems-to-favor-biden-in-battle-against-controversial-social-media-posts","authors":["byline_news_11979853"],"categories":["news_8"],"tags":["news_29052","news_1089","news_932"],"featImg":"news_11979855","label":"news"},"news_11977992":{"type":"posts","id":"news_11977992","meta":{"index":"posts_1591205157","site":"news","id":"11977992","score":null,"sort":[1709589619000]},"guestAuthors":[],"slug":"takeaways-from-trumps-supreme-court-win-he-stays-on-ballot-but-legal-peril-looms","title":"Takeaways From Trump's Supreme Court Win: He Stays on Ballot, but Legal Peril Looms","publishDate":1709589619,"format":"standard","headTitle":"Takeaways From Trump’s Supreme Court Win: He Stays on Ballot, but Legal Peril Looms | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Former President \u003ca href=\"https://apnews.com/hub/donald-trump\">Donald Trump gained\u003c/a> a clear win at the U.S. Supreme Court on Monday, which unanimously ruled that states don’t have the ability to bar him — or any other federal candidates — from the ballot under a rarely-used constitutional provision that prohibits those who “engaged in insurrection” from holding office.\u003c/p>\n\u003cp>The decision shuts down a push in dozens of states to end Trump’s candidacy through a clause in the 14th Amendment, written to prevent former Confederates from serving in government after the Civil War.\u003c/p>\n\u003cp>But it may open the door to further electoral uncertainty, exposing more state officials to disqualification under the provision and setting up a constitutional showdown should Trump win the election.\u003c/p>\n\u003cp>Facing four separate criminal trials, Trump’s legal peril may just be beginning. So is the Supreme Court’s role in that process.\u003c/p>\n\u003cp>Here are some takeaways:\u003c/p>\n\u003ch2>\u003cstrong>A technical, but still big win\u003c/strong>\u003c/h2>\n\u003cp>The most significant thing the court did Monday was to overturn a Colorado Supreme Court ruling from December that Trump was not eligible to be president because he violated the insurrection clause, Section 3, of the 14th Amendment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside postID=\"news_11975149,news_11973899,news_11977488\" label=\"Related Stories\"]This will also stop efforts to kick him off the ballot in Illinois, Maine and other states. Had the Supreme Court let the Colorado ruling stand, it could have triggered a new wave of litigation that might have left Trump disqualified in many states.\u003c/p>\n\u003cp>The high court avoided addressing the politically contentious issue of whether Trump played a role in the Jan. 6 attack on the U.S. Capitol that would have barred him from seeking office. The ruling is almost devoid of references to Jan. 6 or insurrection and doesn’t address whether Trump committed such an act by sparking the attack on the Capitol.\u003c/p>\n\u003cp>Instead, it focuses on the technical, procedural question of who gets to decide an election challenge under Section 3.\u003c/p>\n\u003cp>All nine justices agreed that is the purview of Congress. But a narrower majority of five went further, ruling it can only be done through legislation. That exposes significant splits underneath the unanimous majority and points toward the greatest uncertainty the ruling creates.\u003c/p>\n\u003ch2>A time bomb for Jan. 6, 2025?\u003c/h2>\n\u003cp>One possible outcome that the case presented was the prospect of unelected judges disqualifying the man dominating who has already received hundreds of thousands of votes in the nominating process.\u003c/p>\n\u003cp>But another potential nightmare is that if Congress is the only entity that can determine whether a presidential hopeful is indeed disqualified for engaging in “insurrection,” it makes that determination on Jan. 6, 2025, when required to certify a possible Trump victory in the presidential election.\u003c/p>\n\u003cp>The high court shut down the first possibility but may have left the door open to the second one. The five-justice majority — all from the court’s conservative wing — said Congress can implement Section 3 through legislation, “subject of course to judicial review.” (That means the court reserves for itself the right to have the final say.)\u003c/p>\n\u003cp>That triggered a dissent from the court’s three liberals, who complained that that “shuts the door on other potential means of federal enforcement.”\u003c/p>\n\u003cp>That would appear to include a rejection of Trump’s electors should he win the election — but multiple legal experts said Monday that it wasn’t that clear, and the only way to know may be for Congress to try.\u003c/p>\n\u003ch2>Feeling the heat\u003c/h2>\n\u003cp>The 14th Amendment case is one of two, putting the high court squarely amid the ongoing presidential election. Last week, the court agreed to hear Trump’s appeal of a federal ruling that he’s not entitled to immunity from criminal charges for his attempt to overturn the 2020 election.\u003c/p>\n\u003cp>Trump’s trial on those charges was originally scheduled to begin Monday but has been postponed because of the battle over his immunity challenge. The high court taking up his appeal in late April raises the possibility that the trial won’t conclude until after the presidential election.\u003c/p>\n\u003cp>The justices’ discomfort over being put in the middle of the nation’s partisan divide came through in a brief but notable concurring opinion by Justice Amy Coney Barrett.\u003c/p>\n\u003cp>Though one of the court’s conservatives, she disagreed with the majority’s ruling that Congress can only enforce Section 3 through legislation. But she didn’t want to sign onto the liberals’ dissent, either; instead, she warned against focusing too much on partisan divisions.\u003c/p>\n\u003cp>“… this is not the time to amplify disagreement with stridency,” Barrett wrote. “The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up.”\u003c/p>\n\u003cp>“For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case,” she concluded. “That is the message Americans should take home.”\u003c/p>\n\u003ch2>Action in the states\u003c/h2>\n\u003cp>The court’s ruling shuts off using Section 3 against federal officials absent action by Congress, but it leaves open the ability of states to use the provision against their own state officials, noting there’s a rich record after the Civil War of just those sorts of actions.\u003c/p>\n\u003cp>That’s already begun anew in the post-Jan. 6 era. The first disqualification under Section 3 in more than a century came in 2022, when a New Mexico court removed Couy Griffin, who was convicted of entering the Capitol grounds on Jan. 6 while leading a group called “Cowboys for Trump,” from his rural county commission.\u003c/p>\n\u003cp>The group that brought that case, Citizens for Ethics and Responsibility in Washington, next filed the Colorado case against Trump. They said they were eager to continue filing Section 3 cases against lower-level Jan. 6 participants.\u003c/p>\n\u003ch2>Trump’s legal travails ahead\u003c/h2>\n\u003cp>Few observers expected the Supreme Court to keep Trump off the ballot. But he’s facing a far more perilous legal road ahead.\u003c/p>\n\u003cp>The first of Trump’s criminal trials for allegedly falsifying business records to pay hush money to an adult film actress during the 2016 presidential campaign is scheduled to start in New York later this month. The former president is also appealing a New York judge’s ruling that he pay $355 million for fraud committed by his businesses and verdict that he pay a writer $83 million for defaming her after she sued him for sexual assault.\u003c/p>\n\u003cp>Depending on how and how quickly the high court rules on Trump’s immunity claim, he could still face charges for trying to overturn the 2020 election in Washington, D.C., before this November’s election.\u003c/p>\n\u003cp>Two more cases are more likely to come later — in Atlanta, where Trump faces state charges for his 2020 election plot, and in Florida, where he’s tentatively scheduled for a May trial on improper retention of classified documents after leaving the presidency, but the trial date is expected to be postponed.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Monday was a win Trump needed to continue his campaign, but his days in court are far from over.\u003c/p>\n\n","blocks":[],"excerpt":"Former President Donald Trump scored a clear win at the US Supreme Court on Monday, which unanimously ruled that states don’t have the ability to bar him — or any other federal candidates — from the ballot under a rarely used constitutional provision. ","status":"publish","parent":0,"modified":1709686754,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1239},"headData":{"title":"Takeaways From Trump's Supreme Court Win: He Stays on Ballot, but Legal Peril Looms | KQED","description":"Former President Donald Trump scored a clear win at the US Supreme Court on Monday, which unanimously ruled that states don’t have the ability to bar him — or any other federal candidates — from the ballot under a rarely used constitutional provision. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Takeaways From Trump's Supreme Court Win: He Stays on Ballot, but Legal Peril Looms","datePublished":"2024-03-04T22:00:19.000Z","dateModified":"2024-03-06T00:59:14.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Nicholas Riccardi\u003cbr>The Associated Press\u003c/br>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11977992/takeaways-from-trumps-supreme-court-win-he-stays-on-ballot-but-legal-peril-looms","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Former President \u003ca href=\"https://apnews.com/hub/donald-trump\">Donald Trump gained\u003c/a> a clear win at the U.S. Supreme Court on Monday, which unanimously ruled that states don’t have the ability to bar him — or any other federal candidates — from the ballot under a rarely-used constitutional provision that prohibits those who “engaged in insurrection” from holding office.\u003c/p>\n\u003cp>The decision shuts down a push in dozens of states to end Trump’s candidacy through a clause in the 14th Amendment, written to prevent former Confederates from serving in government after the Civil War.\u003c/p>\n\u003cp>But it may open the door to further electoral uncertainty, exposing more state officials to disqualification under the provision and setting up a constitutional showdown should Trump win the election.\u003c/p>\n\u003cp>Facing four separate criminal trials, Trump’s legal peril may just be beginning. So is the Supreme Court’s role in that process.\u003c/p>\n\u003cp>Here are some takeaways:\u003c/p>\n\u003ch2>\u003cstrong>A technical, but still big win\u003c/strong>\u003c/h2>\n\u003cp>The most significant thing the court did Monday was to overturn a Colorado Supreme Court ruling from December that Trump was not eligible to be president because he violated the insurrection clause, Section 3, of the 14th Amendment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11975149,news_11973899,news_11977488","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>This will also stop efforts to kick him off the ballot in Illinois, Maine and other states. Had the Supreme Court let the Colorado ruling stand, it could have triggered a new wave of litigation that might have left Trump disqualified in many states.\u003c/p>\n\u003cp>The high court avoided addressing the politically contentious issue of whether Trump played a role in the Jan. 6 attack on the U.S. Capitol that would have barred him from seeking office. The ruling is almost devoid of references to Jan. 6 or insurrection and doesn’t address whether Trump committed such an act by sparking the attack on the Capitol.\u003c/p>\n\u003cp>Instead, it focuses on the technical, procedural question of who gets to decide an election challenge under Section 3.\u003c/p>\n\u003cp>All nine justices agreed that is the purview of Congress. But a narrower majority of five went further, ruling it can only be done through legislation. That exposes significant splits underneath the unanimous majority and points toward the greatest uncertainty the ruling creates.\u003c/p>\n\u003ch2>A time bomb for Jan. 6, 2025?\u003c/h2>\n\u003cp>One possible outcome that the case presented was the prospect of unelected judges disqualifying the man dominating who has already received hundreds of thousands of votes in the nominating process.\u003c/p>\n\u003cp>But another potential nightmare is that if Congress is the only entity that can determine whether a presidential hopeful is indeed disqualified for engaging in “insurrection,” it makes that determination on Jan. 6, 2025, when required to certify a possible Trump victory in the presidential election.\u003c/p>\n\u003cp>The high court shut down the first possibility but may have left the door open to the second one. The five-justice majority — all from the court’s conservative wing — said Congress can implement Section 3 through legislation, “subject of course to judicial review.” (That means the court reserves for itself the right to have the final say.)\u003c/p>\n\u003cp>That triggered a dissent from the court’s three liberals, who complained that that “shuts the door on other potential means of federal enforcement.”\u003c/p>\n\u003cp>That would appear to include a rejection of Trump’s electors should he win the election — but multiple legal experts said Monday that it wasn’t that clear, and the only way to know may be for Congress to try.\u003c/p>\n\u003ch2>Feeling the heat\u003c/h2>\n\u003cp>The 14th Amendment case is one of two, putting the high court squarely amid the ongoing presidential election. Last week, the court agreed to hear Trump’s appeal of a federal ruling that he’s not entitled to immunity from criminal charges for his attempt to overturn the 2020 election.\u003c/p>\n\u003cp>Trump’s trial on those charges was originally scheduled to begin Monday but has been postponed because of the battle over his immunity challenge. The high court taking up his appeal in late April raises the possibility that the trial won’t conclude until after the presidential election.\u003c/p>\n\u003cp>The justices’ discomfort over being put in the middle of the nation’s partisan divide came through in a brief but notable concurring opinion by Justice Amy Coney Barrett.\u003c/p>\n\u003cp>Though one of the court’s conservatives, she disagreed with the majority’s ruling that Congress can only enforce Section 3 through legislation. But she didn’t want to sign onto the liberals’ dissent, either; instead, she warned against focusing too much on partisan divisions.\u003c/p>\n\u003cp>“… this is not the time to amplify disagreement with stridency,” Barrett wrote. “The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up.”\u003c/p>\n\u003cp>“For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case,” she concluded. “That is the message Americans should take home.”\u003c/p>\n\u003ch2>Action in the states\u003c/h2>\n\u003cp>The court’s ruling shuts off using Section 3 against federal officials absent action by Congress, but it leaves open the ability of states to use the provision against their own state officials, noting there’s a rich record after the Civil War of just those sorts of actions.\u003c/p>\n\u003cp>That’s already begun anew in the post-Jan. 6 era. The first disqualification under Section 3 in more than a century came in 2022, when a New Mexico court removed Couy Griffin, who was convicted of entering the Capitol grounds on Jan. 6 while leading a group called “Cowboys for Trump,” from his rural county commission.\u003c/p>\n\u003cp>The group that brought that case, Citizens for Ethics and Responsibility in Washington, next filed the Colorado case against Trump. They said they were eager to continue filing Section 3 cases against lower-level Jan. 6 participants.\u003c/p>\n\u003ch2>Trump’s legal travails ahead\u003c/h2>\n\u003cp>Few observers expected the Supreme Court to keep Trump off the ballot. But he’s facing a far more perilous legal road ahead.\u003c/p>\n\u003cp>The first of Trump’s criminal trials for allegedly falsifying business records to pay hush money to an adult film actress during the 2016 presidential campaign is scheduled to start in New York later this month. The former president is also appealing a New York judge’s ruling that he pay $355 million for fraud committed by his businesses and verdict that he pay a writer $83 million for defaming her after she sued him for sexual assault.\u003c/p>\n\u003cp>Depending on how and how quickly the high court rules on Trump’s immunity claim, he could still face charges for trying to overturn the 2020 election in Washington, D.C., before this November’s election.\u003c/p>\n\u003cp>Two more cases are more likely to come later — in Atlanta, where Trump faces state charges for his 2020 election plot, and in Florida, where he’s tentatively scheduled for a May trial on improper retention of classified documents after leaving the presidency, but the trial date is expected to be postponed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Monday was a win Trump needed to continue his campaign, but his days in court are far from over.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11977992/takeaways-from-trumps-supreme-court-win-he-stays-on-ballot-but-legal-peril-looms","authors":["byline_news_11977992"],"categories":["news_8"],"tags":["news_33577","news_29011","news_27626","news_20481","news_932"],"featImg":"news_11977999","label":"news"},"news_11977488":{"type":"posts","id":"news_11977488","meta":{"index":"posts_1591205157","site":"news","id":"11977488","score":null,"sort":[1709164596000]},"guestAuthors":[],"slug":"supreme-court-to-hear-trumps-jan-6-immunity-claim-with-arguments-set-for-april","title":"Supreme Court to Hear Trump's Jan. 6 Immunity Claim, With Arguments Set for April","publishDate":1709164596,"format":"standard","headTitle":"Supreme Court to Hear Trump’s Jan. 6 Immunity Claim, With Arguments Set for April | KQED","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>The \u003ca href=\"https://www.npr.org/2024/02/28/1231974416/supreme-court-trump-immunity#:~:text=Trump%20appeals%20immunity%20ruling%20to%20the%20Supreme%20Court&text=At%20issue%20in%20the%20case,in%20on%20such%20a%20claim.\">U.S. Supreme Court will hear oral arguments \u003c/a>the week of April 22 in a high-stakes dispute over whether former President Donald Trump enjoys immunity from federal criminal prosecution.\u003c/p>\n\u003cp>The order from the court on Wednesday keeps Trump’s prosecution in the Jan. 6 case on hold for at least a few more months.\u003c/p>\n\u003cp>The justices said, in an unsigned order, that their review would be limited to a single question: “Whether and if so, to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”\u003c/p>\n\u003cp>The issue is one of first impression for the Supreme Court since no former president has ever faced criminal charges.\u003c/p>\n\u003cp>The decision amounts to, at minimum, another short-term victory for Trump, and it means the trial originally set to begin in Washington, D.C., in early March could be delayed until late summer or even after Election Day in November.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Trump, the Republican front-runner in this year’s presidential election, has argued that the case amounts to election interference and that going to trial this year would burden his ability to run a political campaign. His attorneys said it would be a challenge to sift through the heavy volume of documents in this case.\u003c/p>\n\u003cp>Trump is fighting 91 criminal charges in four jurisdictions. The charges are related to his effort to cling to power after he lost the 2020 presidential election to Joe Biden and other alleged misdeeds that involve retention of classified documents and hush money payments to an adult film actress.\u003c/p>\n\u003cp>Special counsel Jack Smith had urged the Supreme Court to swiftly reject Trump’s claims, arguing the charged crimes “strike at the heart of our democracy.”\u003c/p>\n\u003cp>“Delay in the resolution of these charges threatens to frustrate the public interest in a speedy and fair verdict — a compelling interest in every criminal case and one that has unique national importance here, as it involves federal criminal charges against a former President for alleged criminal efforts to overturn the results of the Presidential election, including through the use of official power,” Smith and his team wrote in a recent filing to the justices.\u003c/p>\n\u003cp>\u003ca href=\"https://www.npr.org/2024/02/06/1223904739/trump-immunity-ruling\">Three judges on the federal appeals court \u003c/a>in Washington, D.C., unanimously sided with prosecutors this month.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"US Court of Appeals DC Circuit judges\"]‘We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter. … [This] would collapse our system of separated powers by placing the President beyond the reach of all three branches.’[/pullquote]“We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” the D.C. circuit judges wrote. Doing so, they said, “would collapse our system of separated powers by placing the President beyond the reach of all three branches.”\u003c/p>\n\u003cp>The panel said that Trump’s immunity argument has virtually no limit; indeed, at oral argument, when Trump’s lawyer was pressed by the panel, he conceded that a President could order Seal Team 6 to assassinate his political rivals and still be free from any criminal prosecution.\u003c/p>\n\u003cp>In their appeal to the Supreme Court, Trump’s lawyers contended that “Such hypotheticals provide fodder for histrionic media coverage, but they are a poor substitute for legal and historical analysis. They called the appellate court decision a “stunning breach of precedent and historical norms.” And they noted that no prior president has ever been prosecuted for his official acts.\u003c/p>\n\u003cdiv>\n\u003cp>President Richard Nixon was named an unindicted co-conspirator in the Watergate scandal that saw many of his highest-ranking aides go to prison. But after Nixon resigned, he was pardoned by President Gerald Ford.\u003c/p>\n\u003cp>So the question of presidential immunity has never been resolved by the Supreme Court. In 1974, the justices ruled unanimously that Nixon, then still in office, had to comply with a subpoena for 64 White House tape recordings that were subsequently used as evidence in the prosecution of many top administration officials. The Nixon tapes case thus became the leading precedent suggesting that presidents do not have complete immunity for acts they commit while in office.\u003c/p>\n\u003cp>The contrary precedent, cited by Trump’s lawyers, is a civil case that was decided eight years later and also involving Nixon. In that case, the court ruled 5-to-4 that the former president could not be sued by an air force whistleblower who claimed he was fired in retaliation for his disclosures about cost overruns.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11975149,forum_2010101904337,news_11971063\"]The consequences of Wednesday’s Supreme Court action remain murky at best. A judge in New York already has ordered jury selection to begin March 25 in a separate state case accusing Trump of recordkeeping violations for hush-money payments to adult film actress Stormy Daniels weeks before the 2016 election.\u003c/p>\n\u003cp>The judge in the D.C. election interference case, Tanya Chutkan, has not yet indicated when a trial could begin. But in court papers, she’s suggested she will give Trump’s attorneys a few more months to prepare.\u003c/p>\n\u003cp>All that can be said with certainty now is that the clock is ticking. If Trump regains the White House, he could order his Justice Department to drop the case related to the Jan. 6, 2021, siege on the Capitol or even attempt to pardon himself.\u003c/p>\n\u003cp>The immunity issue is far from the only question involving Trump to reach the nation’s highest court. The justices have yet to decide a separate dispute about whether Trump is disqualified from the \u003ca href=\"https://www.npr.org/2024/02/08/1229176555/supreme-court-trump-colorado-ballot\">primary ballot in Colorado \u003c/a>over his efforts to cling to power after he lost the 2020 election to Joe Biden.\u003c/p>\n\u003cp>And they’ve scheduled an argument in another case related to the Capitol riot for April 16. In that case, they’ll consider whether prosecutors overreached when they used an obstruction law Congress passed after financial scandals to charge hundreds of people with disrupting the electoral count.\u003c/p>\n\u003cp>Two of the four charges against Trump in the D.C. prosecution could be wiped away if a majority of the Supreme Court determines that the Justice Department’s charging strategy went too far.\u003c/p>\n\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The decision is seen as a victory for Trump as it means the trial originally set to begin in Washington, DC, in early March could be delayed until late summer or even after Election Day in November.","status":"publish","parent":0,"modified":1709166788,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":1081},"headData":{"title":"Supreme Court to Hear Trump's Jan. 6 Immunity Claim, With Arguments Set for April | KQED","description":"The decision is seen as a victory for Trump as it means the trial originally set to begin in Washington, DC, in early March could be delayed until late summer or even after Election Day in November.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Supreme Court to Hear Trump's Jan. 6 Immunity Claim, With Arguments Set for April","datePublished":"2024-02-28T23:56:36.000Z","dateModified":"2024-02-29T00:33:08.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"\u003ca href=\"https://www.npr.org/people/127410674/carrie-johnson\">Carrie Johnson\u003c/a>, \u003ca href=\"https://www.npr.org/people/2101289/nina-totenberg\">Nina Totenberg\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11977488/supreme-court-to-hear-trumps-jan-6-immunity-claim-with-arguments-set-for-april","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The \u003ca href=\"https://www.npr.org/2024/02/28/1231974416/supreme-court-trump-immunity#:~:text=Trump%20appeals%20immunity%20ruling%20to%20the%20Supreme%20Court&text=At%20issue%20in%20the%20case,in%20on%20such%20a%20claim.\">U.S. Supreme Court will hear oral arguments \u003c/a>the week of April 22 in a high-stakes dispute over whether former President Donald Trump enjoys immunity from federal criminal prosecution.\u003c/p>\n\u003cp>The order from the court on Wednesday keeps Trump’s prosecution in the Jan. 6 case on hold for at least a few more months.\u003c/p>\n\u003cp>The justices said, in an unsigned order, that their review would be limited to a single question: “Whether and if so, to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”\u003c/p>\n\u003cp>The issue is one of first impression for the Supreme Court since no former president has ever faced criminal charges.\u003c/p>\n\u003cp>The decision amounts to, at minimum, another short-term victory for Trump, and it means the trial originally set to begin in Washington, D.C., in early March could be delayed until late summer or even after Election Day in November.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Trump, the Republican front-runner in this year’s presidential election, has argued that the case amounts to election interference and that going to trial this year would burden his ability to run a political campaign. His attorneys said it would be a challenge to sift through the heavy volume of documents in this case.\u003c/p>\n\u003cp>Trump is fighting 91 criminal charges in four jurisdictions. The charges are related to his effort to cling to power after he lost the 2020 presidential election to Joe Biden and other alleged misdeeds that involve retention of classified documents and hush money payments to an adult film actress.\u003c/p>\n\u003cp>Special counsel Jack Smith had urged the Supreme Court to swiftly reject Trump’s claims, arguing the charged crimes “strike at the heart of our democracy.”\u003c/p>\n\u003cp>“Delay in the resolution of these charges threatens to frustrate the public interest in a speedy and fair verdict — a compelling interest in every criminal case and one that has unique national importance here, as it involves federal criminal charges against a former President for alleged criminal efforts to overturn the results of the Presidential election, including through the use of official power,” Smith and his team wrote in a recent filing to the justices.\u003c/p>\n\u003cp>\u003ca href=\"https://www.npr.org/2024/02/06/1223904739/trump-immunity-ruling\">Three judges on the federal appeals court \u003c/a>in Washington, D.C., unanimously sided with prosecutors this month.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter. … [This] would collapse our system of separated powers by placing the President beyond the reach of all three branches.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"US Court of Appeals DC Circuit judges","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” the D.C. circuit judges wrote. Doing so, they said, “would collapse our system of separated powers by placing the President beyond the reach of all three branches.”\u003c/p>\n\u003cp>The panel said that Trump’s immunity argument has virtually no limit; indeed, at oral argument, when Trump’s lawyer was pressed by the panel, he conceded that a President could order Seal Team 6 to assassinate his political rivals and still be free from any criminal prosecution.\u003c/p>\n\u003cp>In their appeal to the Supreme Court, Trump’s lawyers contended that “Such hypotheticals provide fodder for histrionic media coverage, but they are a poor substitute for legal and historical analysis. They called the appellate court decision a “stunning breach of precedent and historical norms.” And they noted that no prior president has ever been prosecuted for his official acts.\u003c/p>\n\u003cdiv>\n\u003cp>President Richard Nixon was named an unindicted co-conspirator in the Watergate scandal that saw many of his highest-ranking aides go to prison. But after Nixon resigned, he was pardoned by President Gerald Ford.\u003c/p>\n\u003cp>So the question of presidential immunity has never been resolved by the Supreme Court. In 1974, the justices ruled unanimously that Nixon, then still in office, had to comply with a subpoena for 64 White House tape recordings that were subsequently used as evidence in the prosecution of many top administration officials. The Nixon tapes case thus became the leading precedent suggesting that presidents do not have complete immunity for acts they commit while in office.\u003c/p>\n\u003cp>The contrary precedent, cited by Trump’s lawyers, is a civil case that was decided eight years later and also involving Nixon. In that case, the court ruled 5-to-4 that the former president could not be sued by an air force whistleblower who claimed he was fired in retaliation for his disclosures about cost overruns.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11975149,forum_2010101904337,news_11971063"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The consequences of Wednesday’s Supreme Court action remain murky at best. A judge in New York already has ordered jury selection to begin March 25 in a separate state case accusing Trump of recordkeeping violations for hush-money payments to adult film actress Stormy Daniels weeks before the 2016 election.\u003c/p>\n\u003cp>The judge in the D.C. election interference case, Tanya Chutkan, has not yet indicated when a trial could begin. But in court papers, she’s suggested she will give Trump’s attorneys a few more months to prepare.\u003c/p>\n\u003cp>All that can be said with certainty now is that the clock is ticking. If Trump regains the White House, he could order his Justice Department to drop the case related to the Jan. 6, 2021, siege on the Capitol or even attempt to pardon himself.\u003c/p>\n\u003cp>The immunity issue is far from the only question involving Trump to reach the nation’s highest court. The justices have yet to decide a separate dispute about whether Trump is disqualified from the \u003ca href=\"https://www.npr.org/2024/02/08/1229176555/supreme-court-trump-colorado-ballot\">primary ballot in Colorado \u003c/a>over his efforts to cling to power after he lost the 2020 election to Joe Biden.\u003c/p>\n\u003cp>And they’ve scheduled an argument in another case related to the Capitol riot for April 16. In that case, they’ll consider whether prosecutors overreached when they used an obstruction law Congress passed after financial scandals to charge hundreds of people with disrupting the electoral count.\u003c/p>\n\u003cp>Two of the four charges against Trump in the D.C. prosecution could be wiped away if a majority of the Supreme Court determines that the Justice Department’s charging strategy went too far.\u003c/p>\n\u003c/div>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11977488/supreme-court-to-hear-trumps-jan-6-immunity-claim-with-arguments-set-for-april","authors":["byline_news_11977488"],"categories":["news_6188","news_8","news_13"],"tags":["news_1323","news_32255","news_932"],"affiliates":["news_253"],"featImg":"news_11977491","label":"news_253"},"news_11975149":{"type":"posts","id":"news_11975149","meta":{"index":"posts_1591205157","site":"news","id":"11975149","score":null,"sort":[1707445828000]},"guestAuthors":[],"slug":"why-the-supreme-court-seems-poised-to-hand-trump-a-victory","title":"Why the Supreme Court Seems Poised to Hand Trump a Victory","publishDate":1707445828,"format":"audio","headTitle":"Why the Supreme Court Seems Poised to Hand Trump a Victory | KQED","labelTerm":{},"content":"\u003cp>Another day in court for former President Donald Trump — this time, the Supreme Court considers whether he can be taken off the Colorado presidential ballot. Marisa and Scott talk with Justin Levitt, a constitutional law professor at Loyola Law School, about the oral arguments and other legal questions Trump is facing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1707440160,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":3,"wordCount":55},"headData":{"title":"Why the Supreme Court Seems Poised to Hand Trump a Victory | KQED","description":"Another day in court for former President Donald Trump — this time, the Supreme Court considers whether he can be taken off the Colorado presidential ballot. Marisa and Scott talk with Justin Levitt, a constitutional law professor at Loyola Law School, about the oral arguments and other legal questions Trump is facing.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Why the Supreme Court Seems Poised to Hand Trump a Victory","datePublished":"2024-02-09T02:30:28.000Z","dateModified":"2024-02-09T00:56:00.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"Political Breakdown","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC5326779217.mp3?updated=1707440406","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11975149/why-the-supreme-court-seems-poised-to-hand-trump-a-victory","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Another day in court for former President Donald Trump — this time, the Supreme Court considers whether he can be taken off the Colorado presidential ballot. Marisa and Scott talk with Justin Levitt, a constitutional law professor at Loyola Law School, about the oral arguments and other legal questions Trump is facing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11975149/why-the-supreme-court-seems-poised-to-hand-trump-a-victory","authors":["3239","255"],"programs":["news_33544"],"categories":["news_8"],"tags":["news_33810","news_1323","news_32839","news_22235","news_17968","news_932","news_33809"],"featImg":"news_11975151","label":"source_news_11975149"},"news_11958412":{"type":"posts","id":"news_11958412","meta":{"index":"posts_1591205157","site":"news","id":"11958412","score":null,"sort":[1692227072000]},"guestAuthors":[],"slug":"federal-court-rules-to-limit-access-to-abortion-pill-as-drug-remains-available","title":"Federal Court Rules to Limit Access to Abortion Pill as Drug Remains Available","publishDate":1692227072,"format":"standard","headTitle":"Federal Court Rules to Limit Access to Abortion Pill as Drug Remains Available | KQED","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>A federal appeals court ruled Wednesday that mifepristone, one of two pills used in medication abortions, should not be prescribed past seven weeks of pregnancy or via telemedicine. However, a previous stay by the Supreme Court means this won’t go into effect right away.\u003c/p>\n\u003cp>The pills will remain on the market and available by telemedicine and mail for the time being.\u003c/p>\n\u003cp>In a \u003ca href=\"https://adfmedialegalfiles.blob.core.windows.net/files/AHM-5thCircuitRuling.pdf\">93-page ruling (PDF)\u003c/a>, the 5\u003csup>th\u003c/sup> Circuit Court of Appeals in New Orleans sided with \u003ca href=\"https://adfmedia.org/case/alliance-hippocratic-medicine-v-us-food-and-drug-administration\">plaintiffs\u003c/a> that want to restrict use of mifepristone, a pill used in medication abortions.\u003c/p>\n\u003cp>The Alliance Defending Freedom, which brought the case, cheered the opinion.\u003c/p>\n\u003cp>“This is a significant victory for the doctors and medical associations we represent and, more importantly, the health and safety of women,” says Erin Hawley, the senior counsel with the Alliance Defending Freedom.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The federal Department of Justice is defending the Food and Drug Administration in the case. A spokesperson for DOJ said the department strongly disagrees with the ruling and is looking for the Supreme Court to review it.\u003c/p>\n\u003cp>Mary Ziegler, a professor of law at the University of California, Davis who has written books about the history of abortion, said she was not surprised by the decision. “My impression is that this is the Fifth Circuit trying to resurrect what had been a pretty flawed case in the hope that this Supreme Court is conservative enough that there’s no case too weak or extreme, really, for this court on abortion,” says Ziegler.\u003c/p>\n\u003cp>The Supreme Court is likely to hear the case in the fall, possibly with another \u003ca href=\"https://www.npr.org/2023/02/25/1159565357/washington-state-attorney-general-says-fda-rules-on-abortion-drug-are-unreasonab\">case from Washington state\u003c/a> that seeks to expand access to the medicine.\u003c/p>\n\u003cp>The case is an unprecedented challenge to the authority of the Food and Drug Administration to approve medications.\u003c/p>\n\u003cp>A three judge panel of the 5\u003csup>th\u003c/sup> Circuit heard arguments in the case in May. All three judges were appointed by Republicans. Two are Trump appointees, one was appointed by George W. Bush.\u003c/p>\n\u003cp>Mifepristone and misoprostol, the two-drug regimen, is used in about 50% of abortions now. Since its approval by the FDA in 2000, the drug has been used for abortions by more than 5 million women in the U.S. A \u003ca href=\"https://www.kff.org/womens-health-policy/fact-sheet/the-availability-and-use-of-medication-abortion/\">study from KFF, an independent health policy organization\u003c/a>, determined that medication abortion successfully terminates pregnancy 99.6% of the time. The foundation found a 0.4% risk of major complications and a mortality rate of less than 0.001%.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The crux of the plaintiffs’ case concerns those rare complications. Attorney Hawley, who is married to Sen. Josh Hawley, the Republican from Missouri, argued that physicians who oppose abortion would be facing a moral injury if they had to care for a woman after a complication after taking mifepristone.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2023 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Ruling+deals+blow+to+access+to+abortion+pill+mifepristone+%E2%80%94+but+nothing+changes+yet&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"A federal appeals court would restrict the use of mifepristone, a pill used in medication abortions. But previous action by the Supreme Court means the status quo holds for now.","status":"publish","parent":0,"modified":1692233821,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":474},"headData":{"title":"Federal Court Rules to Limit Access to Abortion Pill as Drug Remains Available | KQED","description":"A federal appeals court would restrict the use of mifepristone, a pill used in medication abortions. But previous action by the Supreme Court means the status quo holds for now.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Court Rules to Limit Access to Abortion Pill as Drug Remains Available","datePublished":"2023-08-16T23:04:32.000Z","dateModified":"2023-08-17T00:57:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprImageCredit":"Charlie Riedel","nprByline":"\u003ca href=\"https://www.npr.org/people/349308023/selena-simmons-duffin\">Selena Simmons-Duffin\u003c/a> and Diane Webber","nprImageAgency":"AP","nprStoryId":"1194280392","nprApiLink":"http://api.npr.org/query?id=1194280392&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/sections/health-shots/2023/08/16/1194280392/ruling-deals-blow-to-access-to-abortion-pill-mifepristone-but-nothing-changes-ye?ft=nprml&f=1194280392","nprRetrievedStory":"1","nprPubDate":"Wed, 16 Aug 2023 18:13:00 -0400","nprStoryDate":"Wed, 16 Aug 2023 16:35:03 -0400","nprLastModifiedDate":"Wed, 16 Aug 2023 18:13:55 -0400","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11958412/federal-court-rules-to-limit-access-to-abortion-pill-as-drug-remains-available","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court ruled Wednesday that mifepristone, one of two pills used in medication abortions, should not be prescribed past seven weeks of pregnancy or via telemedicine. However, a previous stay by the Supreme Court means this won’t go into effect right away.\u003c/p>\n\u003cp>The pills will remain on the market and available by telemedicine and mail for the time being.\u003c/p>\n\u003cp>In a \u003ca href=\"https://adfmedialegalfiles.blob.core.windows.net/files/AHM-5thCircuitRuling.pdf\">93-page ruling (PDF)\u003c/a>, the 5\u003csup>th\u003c/sup> Circuit Court of Appeals in New Orleans sided with \u003ca href=\"https://adfmedia.org/case/alliance-hippocratic-medicine-v-us-food-and-drug-administration\">plaintiffs\u003c/a> that want to restrict use of mifepristone, a pill used in medication abortions.\u003c/p>\n\u003cp>The Alliance Defending Freedom, which brought the case, cheered the opinion.\u003c/p>\n\u003cp>“This is a significant victory for the doctors and medical associations we represent and, more importantly, the health and safety of women,” says Erin Hawley, the senior counsel with the Alliance Defending Freedom.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The federal Department of Justice is defending the Food and Drug Administration in the case. A spokesperson for DOJ said the department strongly disagrees with the ruling and is looking for the Supreme Court to review it.\u003c/p>\n\u003cp>Mary Ziegler, a professor of law at the University of California, Davis who has written books about the history of abortion, said she was not surprised by the decision. “My impression is that this is the Fifth Circuit trying to resurrect what had been a pretty flawed case in the hope that this Supreme Court is conservative enough that there’s no case too weak or extreme, really, for this court on abortion,” says Ziegler.\u003c/p>\n\u003cp>The Supreme Court is likely to hear the case in the fall, possibly with another \u003ca href=\"https://www.npr.org/2023/02/25/1159565357/washington-state-attorney-general-says-fda-rules-on-abortion-drug-are-unreasonab\">case from Washington state\u003c/a> that seeks to expand access to the medicine.\u003c/p>\n\u003cp>The case is an unprecedented challenge to the authority of the Food and Drug Administration to approve medications.\u003c/p>\n\u003cp>A three judge panel of the 5\u003csup>th\u003c/sup> Circuit heard arguments in the case in May. All three judges were appointed by Republicans. Two are Trump appointees, one was appointed by George W. Bush.\u003c/p>\n\u003cp>Mifepristone and misoprostol, the two-drug regimen, is used in about 50% of abortions now. Since its approval by the FDA in 2000, the drug has been used for abortions by more than 5 million women in the U.S. A \u003ca href=\"https://www.kff.org/womens-health-policy/fact-sheet/the-availability-and-use-of-medication-abortion/\">study from KFF, an independent health policy organization\u003c/a>, determined that medication abortion successfully terminates pregnancy 99.6% of the time. The foundation found a 0.4% risk of major complications and a mortality rate of less than 0.001%.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The crux of the plaintiffs’ case concerns those rare complications. Attorney Hawley, who is married to Sen. Josh Hawley, the Republican from Missouri, argued that physicians who oppose abortion would be facing a moral injury if they had to care for a woman after a complication after taking mifepristone.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2023 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Ruling+deals+blow+to+access+to+abortion+pill+mifepristone+%E2%80%94+but+nothing+changes+yet&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11958412/federal-court-rules-to-limit-access-to-abortion-pill-as-drug-remains-available","authors":["byline_news_11958412"],"categories":["news_8"],"tags":["news_26652","news_30394","news_32618","news_932"],"affiliates":["news_253"],"featImg":"news_11958413","label":"news_253"},"news_11955680":{"type":"posts","id":"news_11955680","meta":{"index":"posts_1591205157","site":"news","id":"11955680","score":null,"sort":[1689356205000]},"guestAuthors":[],"slug":"explaining-303-creative-decision","title":"Legal Experts Break Down Supreme Court's LGBTQ+ Discrimination Ruling","publishDate":1689356205,"format":"standard","headTitle":"Legal Experts Break Down Supreme Court’s LGBTQ+ Discrimination Ruling | KQED","labelTerm":{"site":"news"},"content":"\u003cp>In the last days of June, \u003ca href=\"https://www.kqed.org/news/11954612/u-s-supreme-court-strikes-down-affirmative-action-barring-california-private-universities-from-considering-race-in-admissions\">the Supreme Court struck down affirmative action\u003c/a>, opened the door to LGBTQ+ discrimination and \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">outlawed the Biden administration’s plan to forgive student loans\u003c/a>. These are monumental rulings that directly affect people of color, queer folks, prospective college students and the 43 million Americans with federal student loans — leaving many devastated and fearful for the future.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.kqed.org/news/tag/explaining-the-supreme-court\">our series explaining this summer’s Supreme Court decisions\u003c/a>, we’re unpacking how these rulings will affect you — and what can be done now. This explainer focuses on the case 303 Creative LLC v. Elenis — which saw the court rule in favor of a web designer who refused to make wedding websites for gay couples — and what it could mean for discrimination against LGBTQ+ folks in the United States.\u003c/p>\n\u003cp>KQED gathered legal and judicial insight on this ruling at a panel hosted at Manny’s, a community space in San Francisco. On this panel were:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.keker.com/Lawyers/courtney-j-liss\">Courtney Liss\u003c/a>, associate at San Francisco law firm Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003ca href=\"https://www.keker.com/Lawyers/Harris-Cody\">Cody Harris\u003c/a>, partner at Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003ca href=\"https://www.uchastings.edu/people/matt-coles/\">Matthew Coles\u003c/a>, professor of practice at UC Law San Francisco (formerly UC Hastings)\u003c/li>\n\u003c/ul>\n\u003ch2>What was the Supreme Court’s decision about LGBTQ+ discrimination?\u003c/h2>\n\u003cp>In a defeat for gay rights, the Supreme Court’s conservative majority ruled in 303 Creative LLC v. Elenis that a Christian graphic artist who designs wedding websites can refuse to work with same-sex couples.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#tellus\">\u003cstrong>Tell us: What else do you need information about right now?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Justice Sonia Sotomayor, one of the court’s liberal justices, wrote in a dissent that the decision’s effect is to “mark gays and lesbians for second-class status” and that the ruling opens the door to further discrimination. \u003ca href=\"https://www.npr.org/2023/06/30/1182121291/colorado-supreme-court-same-sex-marriage-decision\">Read more about the case from NPR\u003c/a> or read \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf\">the Supreme Court’s ruling (PDF)\u003c/a> for yourself.\u003c/p>\n\u003ch2>What will change for queer people in the US after this case?\u003c/h2>\n\u003cp>This ruling has opened the door for LGBTQ+ people to be discriminated against when requesting services from certain professionals, says UC Law San Francisco’s Coles, specifically in situations involving the use of words or the creation of images and films.\u003c/p>\n\u003cp>Why? Smith \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf\">framed her website services as “expressive in nature” (PDF)\u003c/a> because she designed them to be customized, original and intended “to communicate a particular message.” Consequently, other professionals operating what could be termed an “expressive business” could use this ruling to deny service to LGBTQ+ people as well.[aside label='Unpacking the Recent Supreme Court Decisions' tag='explaining-the-supreme-court']Coles’ advice to folks in the community? “Find out in advance whether this business has said that it doesn’t want to serve [queer people],” he said.\u003c/p>\n\u003cp>Practically, the website case now means that someone like Lorie Smith, the Colorado graphic designer, can refuse service to LGBTQ+ folks “without fear of government sanction on them,” said Harris of Keker, Van Nest and Peters.\u003c/p>\n\u003cp>Harris adds that hate speech laws as most people think of them — those that would make it a crime to say something hateful — don’t really exist. Hate speech is “awful and odious, and it makes me angry,” he said, “but it’s constitutional.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>How was this case even won?\u003c/h2>\n\u003cp>Lorie Smith, the web designer involved in the case, was challenging her home state of Colorado’s public accommodations law — the type of law that, in most states, bars discrimination based on sexual orientation. Her claim was that the state was unconstitutionally forcing her to create a message she opposes because she can’t deny service to same-sex couples. The Supreme Court sided with Smith, ruling that forcing her to create websites for queer couples would violate her free speech rights under the Constitution’s First Amendment.\u003c/p>\n\u003cp>Smith should have lost her case on several fronts, said Coles — just one being that her website work “is commercial speech,” and not personal expression (free speech), because Smith “was being paid to write words for somebody else.” And it’s well-established, says Coles, that commercial speech is not as protected as other forms of speech.\u003c/p>\n\u003cp>The court ignored this analysis of the First Amendment in its ruling, says Coles. A majority of the justices, he adds, believe that if Smith created websites for same-sex couples, she would be forced to use words to celebrate things she does not want to celebrate.\u003c/p>\n\u003cp>Responding to \u003ca href=\"https://www.independent.co.uk/news/world/americas/us-politics/supreme-court-web-designer-fake-case-b2370226.html\">lingering questions over the legitimacy of this case\u003c/a> — namely, whether the web designer in question had ever really been asked to design a site for a gay wedding — Coles said he didn’t think it’s “a fake case.” The real question, he said, is whether the designer has taken steps to “start working on websites or not — and the answer is yes. She made a pretty decent showing in the court that she’d done a lot of research. She had models together.”\u003c/p>\n\u003cp>Notions of this being a “fake case” get away from the point, says Liss, of Van Nest and Peters. She stresses that this case is “an important door,” one that this court has chosen to open and go through by taking up the case in the first place.\u003c/p>\n\u003cfigure id=\"attachment_11955692\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11955692\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-scaled.jpg\" alt=\"A rainbow flag hangs over a government building.\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco-based attorney Courtney Liss advises businesses to make it very clear that they \u003cem>do\u003c/em> want to provide services to LGBTQ+ communities, with signs and clear website notices. ‘I personally do not want to go anywhere where I’m not welcome,’ she said. \u003ccite>(JasonDoiy/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>What could the long-term ramifications of this case be?\u003c/h2>\n\u003cp>Coles says that what surprised him about the Supreme Court’s decision was that it did not draw upon the clause in the Constitution that protects people’s right to practice their religion. Instead, the ruling draws upon the free speech clause, “because [Lorie Smith] was involved in expressive conduct.”\u003c/p>\n\u003cp>Coles believes that the Court’s conservative justices disagree on how to interpret the free exercise-of-religion clause. But he cautions that there may come a day when the conservative justices privilege religious exemptions in their rulings. “And that religious exception to nondiscrimination laws is not going to be limited to expressive businesses,” he said.\u003c/p>\n\u003cp>“Run through the list of everything that we’ve managed to cover with our civil rights laws,” Coles said, referring to protections for race, religion, gender and disability. By itself, he said, 303 Creative LLC v. Elenis is “not going to completely eviscerate discrimination laws,” but he believes it “portends something in the future, which is a good deal worse.”\u003c/p>\n\u003ch2>How can you voice your opposition to this ruling?\u003c/h2>\n\u003cp>The Supreme Court’s recent raft of rulings against LGBTQ+ rights, affirmative action and student loan forgiveness has drawn vehement criticism sharply focused on the Court’s conservative supermajority. For example, in speaking out against the student loan decision, \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">U.S Rep. Barbara Lee (D-Calif.) called the body a “corrupt, right-wing court.”\u003c/a>\u003c/p>\n\u003cp>Criticism of the court’s rulings has also come from within, with Justice Sonia Sotomayor saying that the website designer ruling saw the Supreme Court “taking steps backward.”\u003c/p>\n\u003cp>“Today is a sad day in American constitutional law and in the lives of LGBT people,” she added. “The immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status.”\u003c/p>\n\u003cp>[aside label='More Guides from KQED' tag='kqed-guides']Coles notes that at the end of the student loan decision, Justice Elena Kagan’s dissent features a “very pointed dialogue” that strongly criticizes the Supreme Court for what she sees as violations of the separation of powers in their ruling — and that Justice John Roberts’ reply bristles at the suggestion that the court is not legitimate.\u003c/p>\n\u003cp>“So I think they’re beginning to get sensitive to the notion that there’s a wide, ever-growing public belief that some of what they’re doing is not legitimate,” said Coles of the conservative justices. “It’s really important if you think what they’re doing is not legitimate, to keep voicing that.”\u003c/p>\n\u003cp>Liss urged people to “call your congresspeople and your other elected representatives” to express that, if so. You might also feel like this “legitimacy crisis” is sharpened, she says, by “\u003ca href=\"https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow\">the lack of standards that the Supreme Court holds themselves to in terms of accepting gifts\u003c/a>.”\u003c/p>\n\u003cp>On an everyday scale, Liss advises businesses to make it very clear that they \u003cem>do\u003c/em> want to provide services to LGBTQ+ communities, with signs and clear website notices.\u003c/p>\n\u003cp>“I personally do not want to go anywhere where I’m not welcome,” said Liss. “I don’t want to give a single dollar to someone who wouldn’t be excited to take my very gay dollar.”\u003c/p>\n\u003cp>\u003cem>This story contains reporting from The Associated Press.\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>[hearken id=\"10483\" src=\"https://modules.wearehearken.com/kqed/embed/10483.js\"]\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"What protections do LGBTQ+ people have in the US against discrimination after the latest Supreme Court ruling? The answers — and what to do about them — are in our guide.","status":"publish","parent":0,"modified":1689356205,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":true,"hasPolis":false,"paragraphCount":32,"wordCount":1693},"headData":{"title":"Legal Experts Break Down Supreme Court's LGBTQ+ Discrimination Ruling | KQED","description":"What protections do LGBTQ+ people have in the US against discrimination after the latest Supreme Court ruling? The answers — and what to do about them — are in our guide.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Legal Experts Break Down Supreme Court's LGBTQ+ Discrimination Ruling","datePublished":"2023-07-14T17:36:45.000Z","dateModified":"2023-07-14T17:36:45.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11955680/explaining-303-creative-decision","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In the last days of June, \u003ca href=\"https://www.kqed.org/news/11954612/u-s-supreme-court-strikes-down-affirmative-action-barring-california-private-universities-from-considering-race-in-admissions\">the Supreme Court struck down affirmative action\u003c/a>, opened the door to LGBTQ+ discrimination and \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">outlawed the Biden administration’s plan to forgive student loans\u003c/a>. These are monumental rulings that directly affect people of color, queer folks, prospective college students and the 43 million Americans with federal student loans — leaving many devastated and fearful for the future.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.kqed.org/news/tag/explaining-the-supreme-court\">our series explaining this summer’s Supreme Court decisions\u003c/a>, we’re unpacking how these rulings will affect you — and what can be done now. This explainer focuses on the case 303 Creative LLC v. Elenis — which saw the court rule in favor of a web designer who refused to make wedding websites for gay couples — and what it could mean for discrimination against LGBTQ+ folks in the United States.\u003c/p>\n\u003cp>KQED gathered legal and judicial insight on this ruling at a panel hosted at Manny’s, a community space in San Francisco. On this panel were:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.keker.com/Lawyers/courtney-j-liss\">Courtney Liss\u003c/a>, associate at San Francisco law firm Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003ca href=\"https://www.keker.com/Lawyers/Harris-Cody\">Cody Harris\u003c/a>, partner at Keker, Van Nest and Peters\u003c/li>\n\u003cli>\u003ca href=\"https://www.uchastings.edu/people/matt-coles/\">Matthew Coles\u003c/a>, professor of practice at UC Law San Francisco (formerly UC Hastings)\u003c/li>\n\u003c/ul>\n\u003ch2>What was the Supreme Court’s decision about LGBTQ+ discrimination?\u003c/h2>\n\u003cp>In a defeat for gay rights, the Supreme Court’s conservative majority ruled in 303 Creative LLC v. Elenis that a Christian graphic artist who designs wedding websites can refuse to work with same-sex couples.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#tellus\">\u003cstrong>Tell us: What else do you need information about right now?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Justice Sonia Sotomayor, one of the court’s liberal justices, wrote in a dissent that the decision’s effect is to “mark gays and lesbians for second-class status” and that the ruling opens the door to further discrimination. \u003ca href=\"https://www.npr.org/2023/06/30/1182121291/colorado-supreme-court-same-sex-marriage-decision\">Read more about the case from NPR\u003c/a> or read \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf\">the Supreme Court’s ruling (PDF)\u003c/a> for yourself.\u003c/p>\n\u003ch2>What will change for queer people in the US after this case?\u003c/h2>\n\u003cp>This ruling has opened the door for LGBTQ+ people to be discriminated against when requesting services from certain professionals, says UC Law San Francisco’s Coles, specifically in situations involving the use of words or the creation of images and films.\u003c/p>\n\u003cp>Why? Smith \u003ca href=\"https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf\">framed her website services as “expressive in nature” (PDF)\u003c/a> because she designed them to be customized, original and intended “to communicate a particular message.” Consequently, other professionals operating what could be termed an “expressive business” could use this ruling to deny service to LGBTQ+ people as well.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Unpacking the Recent Supreme Court Decisions ","tag":"explaining-the-supreme-court"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Coles’ advice to folks in the community? “Find out in advance whether this business has said that it doesn’t want to serve [queer people],” he said.\u003c/p>\n\u003cp>Practically, the website case now means that someone like Lorie Smith, the Colorado graphic designer, can refuse service to LGBTQ+ folks “without fear of government sanction on them,” said Harris of Keker, Van Nest and Peters.\u003c/p>\n\u003cp>Harris adds that hate speech laws as most people think of them — those that would make it a crime to say something hateful — don’t really exist. Hate speech is “awful and odious, and it makes me angry,” he said, “but it’s constitutional.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>How was this case even won?\u003c/h2>\n\u003cp>Lorie Smith, the web designer involved in the case, was challenging her home state of Colorado’s public accommodations law — the type of law that, in most states, bars discrimination based on sexual orientation. Her claim was that the state was unconstitutionally forcing her to create a message she opposes because she can’t deny service to same-sex couples. The Supreme Court sided with Smith, ruling that forcing her to create websites for queer couples would violate her free speech rights under the Constitution’s First Amendment.\u003c/p>\n\u003cp>Smith should have lost her case on several fronts, said Coles — just one being that her website work “is commercial speech,” and not personal expression (free speech), because Smith “was being paid to write words for somebody else.” And it’s well-established, says Coles, that commercial speech is not as protected as other forms of speech.\u003c/p>\n\u003cp>The court ignored this analysis of the First Amendment in its ruling, says Coles. A majority of the justices, he adds, believe that if Smith created websites for same-sex couples, she would be forced to use words to celebrate things she does not want to celebrate.\u003c/p>\n\u003cp>Responding to \u003ca href=\"https://www.independent.co.uk/news/world/americas/us-politics/supreme-court-web-designer-fake-case-b2370226.html\">lingering questions over the legitimacy of this case\u003c/a> — namely, whether the web designer in question had ever really been asked to design a site for a gay wedding — Coles said he didn’t think it’s “a fake case.” The real question, he said, is whether the designer has taken steps to “start working on websites or not — and the answer is yes. She made a pretty decent showing in the court that she’d done a lot of research. She had models together.”\u003c/p>\n\u003cp>Notions of this being a “fake case” get away from the point, says Liss, of Van Nest and Peters. She stresses that this case is “an important door,” one that this court has chosen to open and go through by taking up the case in the first place.\u003c/p>\n\u003cfigure id=\"attachment_11955692\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11955692\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-scaled.jpg\" alt=\"A rainbow flag hangs over a government building.\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-972695008-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco-based attorney Courtney Liss advises businesses to make it very clear that they \u003cem>do\u003c/em> want to provide services to LGBTQ+ communities, with signs and clear website notices. ‘I personally do not want to go anywhere where I’m not welcome,’ she said. \u003ccite>(JasonDoiy/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>What could the long-term ramifications of this case be?\u003c/h2>\n\u003cp>Coles says that what surprised him about the Supreme Court’s decision was that it did not draw upon the clause in the Constitution that protects people’s right to practice their religion. Instead, the ruling draws upon the free speech clause, “because [Lorie Smith] was involved in expressive conduct.”\u003c/p>\n\u003cp>Coles believes that the Court’s conservative justices disagree on how to interpret the free exercise-of-religion clause. But he cautions that there may come a day when the conservative justices privilege religious exemptions in their rulings. “And that religious exception to nondiscrimination laws is not going to be limited to expressive businesses,” he said.\u003c/p>\n\u003cp>“Run through the list of everything that we’ve managed to cover with our civil rights laws,” Coles said, referring to protections for race, religion, gender and disability. By itself, he said, 303 Creative LLC v. Elenis is “not going to completely eviscerate discrimination laws,” but he believes it “portends something in the future, which is a good deal worse.”\u003c/p>\n\u003ch2>How can you voice your opposition to this ruling?\u003c/h2>\n\u003cp>The Supreme Court’s recent raft of rulings against LGBTQ+ rights, affirmative action and student loan forgiveness has drawn vehement criticism sharply focused on the Court’s conservative supermajority. For example, in speaking out against the student loan decision, \u003ca href=\"https://www.kqed.org/news/11954741/supreme-court-student-loan-decision-how-affects-you\">U.S Rep. Barbara Lee (D-Calif.) called the body a “corrupt, right-wing court.”\u003c/a>\u003c/p>\n\u003cp>Criticism of the court’s rulings has also come from within, with Justice Sonia Sotomayor saying that the website designer ruling saw the Supreme Court “taking steps backward.”\u003c/p>\n\u003cp>“Today is a sad day in American constitutional law and in the lives of LGBT people,” she added. “The immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Guides from KQED ","tag":"kqed-guides"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Coles notes that at the end of the student loan decision, Justice Elena Kagan’s dissent features a “very pointed dialogue” that strongly criticizes the Supreme Court for what she sees as violations of the separation of powers in their ruling — and that Justice John Roberts’ reply bristles at the suggestion that the court is not legitimate.\u003c/p>\n\u003cp>“So I think they’re beginning to get sensitive to the notion that there’s a wide, ever-growing public belief that some of what they’re doing is not legitimate,” said Coles of the conservative justices. “It’s really important if you think what they’re doing is not legitimate, to keep voicing that.”\u003c/p>\n\u003cp>Liss urged people to “call your congresspeople and your other elected representatives” to express that, if so. You might also feel like this “legitimacy crisis” is sharpened, she says, by “\u003ca href=\"https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow\">the lack of standards that the Supreme Court holds themselves to in terms of accepting gifts\u003c/a>.”\u003c/p>\n\u003cp>On an everyday scale, Liss advises businesses to make it very clear that they \u003cem>do\u003c/em> want to provide services to LGBTQ+ communities, with signs and clear website notices.\u003c/p>\n\u003cp>“I personally do not want to go anywhere where I’m not welcome,” said Liss. “I don’t want to give a single dollar to someone who wouldn’t be excited to take my very gay dollar.”\u003c/p>\n\u003cp>\u003cem>This story contains reporting from The Associated Press.\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"tellus\">\u003c/a>Tell us: What else do you need information about?\u003c/h2>\n\u003cp>At KQED News, we know that it can sometimes be hard to track down the answers to navigate life in the Bay Area in 2023. We’ve published \u003ca href=\"https://www.kqed.org/news/tag/coronavirus-resources-and-explainers\">clear, practical explainers and guides about COVID\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11936674/how-to-prepare-for-this-weeks-atmospheric-river-storm-sandbags-emergency-kits-and-more\">how to cope with intense winter weather\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11821950/how-to-safely-attend-a-protest-in-the-bay-area\">how to exercise your right to protest safely\u003c/a>.\u003c/p>\n\u003cp>So tell us: What do you need to know more about? Tell us, and you could see your question answered online or on social media. What you submit will make our reporting stronger, and help us decide what to cover here on our site, and on KQED Public Radio, too.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"hearken","attributes":{"named":{"id":"10483","src":"https://modules.wearehearken.com/kqed/embed/10483.js","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11955680/explaining-303-creative-decision","authors":["3243"],"categories":["news_6188","news_8","news_13"],"tags":["news_32913","news_32914","news_30811","news_32707","news_32909","news_27626","news_26702","news_82","news_17896","news_20003","news_25373","news_29625","news_201","news_932","news_18037","news_31060"],"featImg":"news_11955693","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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