The Supreme Court - October 4, 2019

Dorsey & Whitney LLP

Dorsey & Whitney LLPThe Supreme Court of the United States granted certiorari today in the following cases :

June Medical Serv. v. Gee, No. 18-1323; Gee v. June Medical Serv., No. 18-1460: (1) Whether the Fifth Circuit’s decision upholding Louisiana’s law requiring physicians who perform abortions to have admitting privileges at a local hospital conflicts with this Court’s binding precedent in Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016). (2) Can abortion providers be presumed to have third-party standing to challenge health and safety regulations on behalf of their patients absent a “close” relationship with their patients and a “hindrance” to their patients’ ability to sue on their own behalf? (3) Are objections to prudential standing waivable (per the Fourth, Fifth, Seventh, Ninth, Tenth, and Federal Circuits) or non-waivable (per the D.C., Second, and Sixth Circuits)?

U.S. Forest Service v. Cowpasture River Assn., No. 18-1584; Atlantic Coast Pipeline, LLC v. Cowpasture River Assn., No. 18-1587: Whether the Forest Service has authority to grant rights-of-way under the Mineral Leasing Act through lands traversed by the Appalachian Trail within national forests.

United States v. Sineneng-Smith, No. 19-67: Whether the federal criminal prohibition against encouraging or inducing illegal immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. §§1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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