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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

Season 2023 Episode 67 Published 1 year, 11 months ago
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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.

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