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.