In Virus Era, Law Prof Teams With Husband as 'In-House' Counsel on SCOTUS Brief
At home together in California, amid the coronavirus outbreak, San Diego law professor Mila Sohoni and her husband, Christopher Egleson, a Sidley Austin partner, worked together on a U.S. Supreme Court amicus brief defending universal injunctions.
April 22, 2020 at 02:51 PM
5 minute read
Statewide stay-at-home orders have spurred new creative endeavors for many people, and now, perhaps a first husband-and-wife amicus brief in a key U.S. Supreme Court case.
The Supreme Court case, scheduled for telephonic arguments on May 6, is Trump v. Pennsylvania, consolidated with the case Little Sisters of the Poor v. Pennsylvania. The core issue is whether the Trump administration had authority under the Affordable Care Act and Religious Freedom Restoration Act to broaden the refusal of employers to provide contraceptive health coverage under the ACA. The cases involve other issues, including whether the appellate court was wrong to impose a nationwide preliminary injunction barring implementation of the expanded rule.
Nationwide injunctions have been the focus of research by Mila Sohoni of the University of San Diego School of Law since at least 2018. She had published "The Lost History of the 'Universal' Injunction" this year in the Harvard Law Review. While at Harvard in January, Sohoni learned the Supreme Court had agreed to hear the Pennsylvania cases and someone mentioned that briefing was beginning and she might want to write an amicus brief on the injunction question.
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