Episode 67

Oral Argument: Moyle v. United States | Case No. 23-726 | Date Argued: 4/24/24 | Date Decided: 6/27/24

Oral Argument: Moyle v. United States | Case No. 23-726 | Date Argued: 4/24/24 | Date Decided: 6/27/24

Case consolidated with Idaho v. United States, Case No. 23-727.

Link to Docket: Here.

Question Presented: Whether EMTALA preempts state laws that protect human life and prohibit abortions, like Idaho's Defense of Life Act.

Holding: Certiorari dismissed as improvidently granted.

Result: Dismissed.

Voting Breakdown: 5-4. Per curiam opinion. Justice Kagan filed a concurring opinion, in which Justice Sotomayor joined, and in which Justice Jackson joined as to Part II. Justice Barrett filed a concurring opinion, in which Chief Justice Roberts and Justice Kavanaugh joined. Justice Jackson filed an opinion concurring in part and dissenting in part. Justice Alito filed a dissenting opinion, in which Justice Thomas joined, and Justice Gorsuch joined as to Parts I and II.

Link to Opinion: Here.

Oral Advocates:

  • For Petitioner: Joshua N. Turner, Chief of Constitutional Litigation and Policy, Boise, Idaho.
  • For Respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D.C. VIDED.

About the Podcast

Show artwork for SCOTUS Oral Arguments and Opinions
SCOTUS Oral Arguments and Opinions
U.S. Supreme Court oral arguments and opinions