Justices Up the Stakes With New Cases on 'Faithless' Electors and ACA Contraceptives
The justices added an Obamacare contraception case from Pennsylvania, and the court will hear a dispute over federal electors who do not support the candidate who won the state's vote.
January 17, 2020 at 04:20 PM
4 minute read
Protesters rally on March 23, 2016, in support of the Affordable Care Act's contraceptive mandate. Photo: Diego M. Radzinschi / NLJ
The stakes in the current U.S. Supreme Court term rose even higher Friday as the justices agreed to review two major cases involving "faithless electors" in the electoral college and the Trump administration's effort to expand an exemption from the contraceptive insurance requirement in the Affordable Care Act.
The high court agreed to hear three disputes that involve six cases. The addition of the cases could be the final ones added to the argument docket, given the usual mid-January cutoff for the term.
An already momentous term just got bigger. The justices have already heard arguments over the Trump administration's effort to end DACA, and the court is expected to issue a decision by June on whether gay and lesbian workers are entitled to federal civil rights protection.
In just a few weeks, the justices will hear an abortion clinic case; claims from President Donald Trump himself and the Justice Department that his financial records should remain out of the hands of New York prosecutors and U.S. House investigators; and a separation-of-powers dispute over the Obama-era Consumer Financial Protection bureau.
Here's a look at the cases the court granted today:
>> Ford Motor Co. v. Bandemer and Ford v. Montana Eighth District Court: The justices in these cases will examine when state courts can exercise specific personal jurisdiction. Sean Marotta of Hogan Lovells is counsel of record for Ford in both cases, consolidated for argument. The other Hogan lawyers on the petition were Neal Katyal, Kirti Datla and Erin Chapman. Kyle Farrar of Houston's Kaster, Lynch, Farrar & Ball is counsel to Bandemer; Gupta Wessler partner Deepak Gupta represents Charles Lucero.
>> Little Sisters of the Poor v. Pennsylvania and Trump v. Pennsylvania: These consolidated cases challenge federal appellate court rulings that the Trump administration lacked statutory authority to let more employers and universities block their employees' access to contraceptive coverage. Pennsylvania Chief Deputy Attorney General Michael Fisher represents his state in both cases. U.S. Solicitor General Noel Francisco is counsel to Trump, and Mark Rienzi of the Becket Fund for Religious Liberty represents the Little Sisters. Separately, the court has yet to decide whether to review a separate Affordable Care Act case that more broadly challenges the entirety of the law.
>> Chiafalo v. Washington and Colorado Dept. of State v. Baca: These cases ask whether state laws penalizing presidential electors who vote contrary to how the law directs are unconstitutional. Equal Citizens' Lawrence Lessig of Harvard Law School represents Chiafalo; Washington Solicitor General Noah Purcell is counsel to the state. Colorado Solicitor General Eric Olson represents his state while Baca's counsel is Lessig. A decision, likely to come by the end of June, could have an impact on the 2020 presidential election.
Read more:
39 Senate Republicans Ask SCOTUS to Reconsider 'Roe' Abortion Rights Ruling
How Paul Clement Is Defending Obama's Consumer Protection Bureau
'Compelled to Come Forward': Female Lawyers Urge Court to Protect Abortion Rights
Justice Gorsuch Raises Key Question Against Trump's Move to Rescind DACA
Where Gorsuch Sees Ambiguity, Kagan Sees Clarity in LGBT Rights Case
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