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cover of episode Gender-Affirming Care in the Court’s Crosshairs

Gender-Affirming Care in the Court’s Crosshairs

2024/12/2
logo of podcast Strict Scrutiny

Strict Scrutiny

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K
Kate Shaw
L
Leah Littman
M
Melissa Murray
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梅丽莎·默里评论了特别检察官杰克·史密斯撤销对唐纳德·特朗普的指控,认为这些案件实际上已经结束,尽管从技术上讲可以重新提起诉讼。她认为,这些案件的撤销是基于司法部的一项政策,即宪法不允许起诉在职总统,并且撤销并非基于对被告案情的优点或强度的考量。 利亚·利特曼评论了联邦党人协会全国律师大会上法官伊迪丝·琼斯和史蒂夫·弗拉德克之间的冲突,认为琼斯对弗拉德克的批评是基于这样一种观点,即批评法官会伤害他们的感情。她还分析了共和党人攻击法学院教授的原因,认为这与他们试图控制媒体、学术界和文化有关。 凯特·肖质疑了民主党与共和党就法官任命达成的协议,认为这表明民主党在法院问题上的软弱。她还评论了联邦党人协会律师大会上关于行政法未来的小组讨论,其中法官娜奥米·拉奥和凯瑟琳·迈塞尔似乎参与了一个庆祝推翻行政国家的祝酒。她质疑法官在祝酒时庆祝行政部门的消亡是否合适,并暗示这可能表明法官缺乏公正性。

Deep Dive

Key Insights

Why did the Federalist Society National Lawyers Convention attract attention?

The convention featured panels and keynote speeches, including a notable exchange between Judge Edith Jones and Professor Steve Vladeck, where Jones brought printed tweets to criticize Vladeck's remarks.

What was the main issue discussed in the panel titled 'The Continued Independence of the Judiciary'?

The panel, moderated by Judge Jim Ho, discussed the judiciary's independence and its relationship with the elected branches, emphasizing the need for public support.

How did Judge Edith Jones defend her colleagues during the panel?

Jones defended Fifth Circuit District Judges by arguing against relentless attacks from certain professors, including Vladeck, whom she accused of casting illegitimate aspersions.

What was the reaction from the Republican side to the Federalist Society convention?

Republicans latched onto the exchange between Jones and Vladeck, amplifying it as a victimization narrative and using it as a rallying cry against perceived academic elitism.

What was the significance of Justice Gorsuch mentioning Peanut the Squirrel in his keynote remarks?

Gorsuch's mention of Peanut, a rallying cry in the MAGAverse, underscored his alignment with and immersion in conservative media culture, highlighting his connection to the MAGA movement.

Why did Chuck Schumer's deal on judicial appointments raise concerns?

Schumer negotiated a deal to withdraw four Court of Appeals nominees in exchange for confirming around 12 district court judges, despite being in the majority, which critics saw as unnecessary and potentially harmful to Democratic judicial priorities.

What was the outcome of the Facebook versus Amalgamated Bank case?

The Supreme Court dismissed the case as improvidently granted, allowing the Ninth Circuit's ruling to stand, which means the shareholder suit against Meta will proceed.

What is the main issue in the case United States v. Cremetti?

The case concerns Tennessee's ban on gender-affirming care for minors and whether this ban discriminates on the basis of sex, triggering heightened scrutiny under the Equal Protection Clause.

How does the Tennessee law treat gender-affirming care differently?

The law prohibits hormone therapy for minors based on their sex assigned at birth, allowing treatments like testosterone for males but not estrogen for females, creating a clear sex-based distinction.

What is the significance of the FDA versus wages and White Lion investments case?

The case involves the FDA's denial of authorization for certain e-cigarette flavors, focusing on the arbitrary and capricious standard for evaluating agency action, and how aggressively the court will scrutinize the FDA's decisions.

What flavors of e-cigarettes were at the center of the FDA's denial?

The FDA denied flavors like Pink Lemonade, Rainbow Road, Chewy Clouds, Sour Grape, and Creme Brulee, citing concerns that these flavors might appeal more to children.

What is the main issue in the case Seven County Infrastructure Coalition versus Eagle County, Colorado?

The case revolves around the obligations of agencies under NEPA to consider environmental impacts, specifically whether the STB's environmental assessment was sufficient in considering upstream and downstream effects of a proposed rail line.

What is the tragic consequence highlighted in the ProPublica report?

ProPublica reported on the death of Portia N. Gumezi, who suffered a miscarriage and died due to severe blood loss because Texas doctors did not perform a DNC, a standard procedure that was restricted under the state's abortion laws.

How did states respond to the findings of maternal mortality due to abortion bans?

Both Georgia and Texas disbanded their Maternal Mortality Commissions, effectively halting the examination of cases related to maternal deaths during the first two years of restrictive abortion laws being in effect.

Shownotes Transcript

After touching on some shenanigans from the Federalist Society’s National Lawyers Convention and Chuck Schumer’s lousy deal on judicial appointments, Leah, Kate, and Melissa preview December’s upcoming Supreme Court cases. The Justices will hear arguments in cases about gender-affirming care for minors, the FDA’s denial of authorization to flavored e-cigarettes, and the National Environmental Policy Act.