The Supreme Court on Friday took up one of the most contentious issues of the covid-19 pandemic, hearing a series of cases challenging the Biden administration’s authority to require workers to get a covid vaccine or be tested for the virus regularly. The issue in the cases, which challenge rules set in November by the Occupational Safety and Health Administration and Centers for Medicare & Medicaid Services, is not directly whether the rules are legal but whether they can take effect while the cases are heard in detail by courts of appeals. The arguments lasted more than 3½ hours. A decision by the justices is expected within days. The OSHA rule says that businesses with more than 100 employees must require their workers to either be vaccinated or wear masks and undergo weekly testing.
This fall, the U.S. Supreme Court is hearing oral arguments on anti-abortion bans that some say could have the potential to impact LGBTQ+ constitutional rights. The Supreme Court heard oral arguments earlier this month for two cases filed over Texas SB 8, which prohibits abortion at six weeks. On December 1, the Supreme Court will hear another case, Dobbs v. Jackson Women’s Health Organization, over the right of Mississippi to ban abortion at 15 weeks. Many rights that involve bodily autonomy, such as the right to contraception, the right to abortion and the right for same sex couples to marry, rest on the Supreme Court’s interpretation of the 5th and 14th amendments. “In the due process clauses of the 5th and 14th amendments there’s this protection of process when the government deprives us of life, liberty and property.
The U.S. Supreme Court heard oral arguments Tuesday over Texas v. California, in which the state of Texas argued that the entire Affordable Care Act should be rendered unconstitutional. This is not the first time the Supreme Court has heard cases brought against the ACA. But it is the first case against the ACA with three Trump Administration appointees: Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Barrett, the most junior justice, has been openly critical of the ACA in her legal writings. President-elect Joe Biden spoke after the hearings, calling the case “cruel and needlessly divisive.”
Texas brought the case arguing that more Texas residents have applied for Medicaid due to the ACA.
New Mexico women who need contraception are likely safe for now despite the U.S. Supreme Court’s 7-2 decision which will allow private companies to opt out of providing insurance coverage for it, according to the American Civil Liberties Union of New Mexico. A recent law passed in New Mexico enables women in the state to continue contraceptive coverage despite the court’s decision which now enables private companies to deny contraception coverage by citing moral or religious objections. But, Ellie Rushforth, reproductive rights attorney for the ACLU-NM warned, the future is uncertain. “It doesn’t mean we’re fully insulated from future issues related to this,” she said. The Supreme Court overturned a lower court’s decision on Wednesday in the case, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania.
The U.S. Supreme Court ruled in favor of abortion rights Monday and struck down a Louisiana law in June Medical Services LLC v. Russo, but the “win” could be short-lived, say abortion rights advocates. The 5-4 decision brought an end to the legal battle over whether Louisiana’s 2014 law, that forced abortion providers in that state to obtain admitting privileges to a hospital within 30 miles of the clinic, is constitutional. The court, through Justice Stephen Breyer’s opinion, noted that the Louisiana law poses a “substantial obstacle,” to women seeking abortion, offered no significant health-related benefits nor showed evidence of how the law would improve the health and safety of women. But, Chief Justice John Roberts, who sided with the more liberal wing of the court, wrote a concurrence in which he made clear he only voted in favor of June Medical Services because of precedent. The court decided an almost identical case involving a Texas Law four years ago with Whole Women’s Health v. Hellerstedt.
The U.S. Supreme Court is expected to make major reproductive health care decisions early next week. Monday and Tuesday will be the final two days this term that the justices will issue opinions, according to the Supreme Court’s blog. Historically, the court has handed down decisions on abortion on the last day of the session, Nancy Northup, executive director of the Center for Reproductive Rights said last month. But in this case, the court has two reproductive health care decisions to rule upon in the final days of the session. The two cases are June Medical Services LLC v. Russo and Trump v. Pennsylvania.
The U.S. Supreme Court’s ruling on Monday protecting LGBTQ from workplace discrimination “further enshrines” protections New Mexico already put in place, said Adrian N. Carver. Carver, executive director of the nonprofit Equality New Mexico, said the state passed laws in 2003 and 2019 that protects most workers who identify as LGBTQ from workplace discrimination. But, he said, that doesn’t always mean people are genuinely protected. “Legal equality is very different from lived equality,” Carver said. Susan Powers, a transgender woman living in Albuquerque, agreed and said she lost two jobs because she came out.
During the Senate hearings that put Neil Gorsuch on the Supreme Court this year, Democrats made it clear they were leery of his conservative judicial record. Gorsuch was confirmed in April along party lines, and no Western Democrat voted in his favor. But Gorsuch has a strong background in Indian law and a record of recognizing tribal sovereignty and self-determination, and, those concerns notwithstanding, his nomination may well represent a potential positive development on big cases in Indian Country. In a court dominated by East Coast justices, Gorsuch is from the West, the source of many Indian law cases. He grew up in Denver, where he later spent 10 years as a circuit court judge.
U.S. Sen. Martin Heinrich will vote against the confirmation of Neil Gorsuch to the U.S. Supreme Court. He cited ties between the Donald Trump administration and Russia as one reason. Heinrich also indicated he would join other Democrats in a rare filibuster of the Supreme Court nominee by not voting to invoke cloture. Sixty senators are needed to invoke cloture and end debate, moving toward a final vote. There are 52 Republicans in the Senate.
Senator Tom Udall will not vote to confirm Neil Gorsuch to the Supreme Court and will support the need for 60 votes for the confirmation. The Democratic U.S. Senator made the announcement Friday in a statement to media. Udall, one of the more liberal members of the U.S. Senate, was never likely to vote for Gorsuch. But his decision to support the filibuster of Gorsuch is significant. If enough senators oppose cloture—which ends debate on the nomination—it would require 60 votes to move forward to a final vote, essentially blocking Gorsuch.