The SCOTUS Embarrassment That Was the EMTALA Case

Opening Arguments

OA1056

As the Trump campaign celebrates the “demise” of the Heritage Foundation’s Project 2025, we check in on reports of its death to see just how exaggerated they might be. Does it even matter that the ultra-conservative push to remake the personnel and policies of the federal government run by people who talk like Bond villains is (allegedly) no longer in the policy game? And how did things get to the point that these people were too extreme for Stephen Miller?

We then discuss the Supreme Court’s recent decision to dismiss Moyle v US without a decision on the merits of Idaho's attempts to criminalize nearly all abortions. Why did the conservative justices rush to jump into this case only to find that they never should have done that? What can we learn from this week's unprecedented inside leaks about how this decision?

Finally, a quick check on the state of Donald Trump's gag order and Nikki Haley's weird attempt to get her name out of her treacherous former SuperPAC's collective mouth.

• 42 USC 1395dd (relevant EMTALA provision)

• Idaho “Defense of Life Act”

• St Luke’s Medical System’s amicus brief in Moyle (detailing specific harms to pregnant people of allowing Idaho’s so-called “Defense of Life Act” to go into effect)

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