Supreme Court: June Medical Services LLC v. Russo

I got through all 138 pages of this! JUNE MEDICAL SERVICES L. L. C. ET AL. v. RUSSO, INTERIM SECRETARY, LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS (supremecourt.gov/opinions)

Yes, I was that person who would post great quotes from Supreme Court decisions on my door at work when I worked at a law firm. Yes, especially if you have to write a lot of briefs, these decisions are INTERESTING to read.

This decision was an unexpectedly positive result for people who want women to have reproductive choice rather than forced births due to restrictions that do not improve healthcare, while pretending to be for women’s protection. This case was about whether the Court will follow other recent precedent for a NEARLY IDENTICAL law that was already deemed unconstitutional, what the role of the Supreme Court is and what matters were before it, who has standing to litigate abortion rights, and what happens next.

My notes from reading:

OPINION BY BREYER: this is just like Whole Women’s Health v. Hellerstedt, and so it’s unconstitutional. Undue burdens galore. Also, there were no errors by the District Courts on the facts, so we shouldn’t dwell on those, even though they’re really good here in showing that the admitting privilege law doesn’t benefit pregnant people. (pages 1 – 45 of the PDF of the decisions linked to above)

CONCURRENCE BY ROBERTS: I didn’t agree with Whole Women’s, but it is a precedent, this law is nearly identical, and so we must follow Whole Women’s. Substantial obstacles are unconstitutional. However, here is a master class on all the abortion restrictions that were good, and cases should really be more like those. (pages 46 – 61)

DISSENT BY THOMAS: These plaintiffs don’t have standing. (Footnote, we should be this nice about standing for guns. Waiting for Godot joke here.) “Our abortion precedents are grievously wrong and should be overruled.” Things have been bad throughout the 20th century, and we should really consider what people intended in the 1860s – these are not part of the “inheritance from our forefathers.” (Not a typo! 1860s!) (pages 62 – 81)

DISSENT BY ALITO: But the law PROTECTS women! No, really! Notwithstanding all of the District Court’s finding of facts to the contrary, they do! Also, no one proved that a law that was bad for one state is bad for another. And these doctors did not try hard enough, notwithstanding all of the findings of fact of the obstacles they encountered while the District Court watched, including documented hospital policies explicitly saying they can’t have admitting privilege if they do the only they do for a living. Also, they have no standing, because they don’t have a close relationship with their patients. (pages 82-115 and all agonizing to read)

DISSENT BY GORSUCH: The law protects women, notwithstanding the findings of fact, and we should defer to the legislature. Also: no standing (no close relationship). Also, we focus too much on people (a “substantial number” or “large fraction”) who are unreasonably burdened, when some women won’t be! And maybe everything will change, and maybe the hospitals will spontaneously develop new policies, and maybe there will be new clinics popping up just because – what about that speculative possibility? Doesn’t the market fix everything? (pages 116 – 136)

DISSENT BY KAVANAUGH: We need more facts before we can decide on this law. I have doubts about those admission privilege efforts the doctors made. (pages 137 – 138)

I have some favorite parts of Breyer’s opinion.

-Zing (page 29)
-Speculative inferences! Facts not in evidence! WOW! ZING AGAIN! (page 30)

Here is the Rewire News half-hour reaction podcast, which I love for the combination of legal nerdery plus celebratory profanity:

Rapid Reaction – A Great Decision (Plus a Roberts Time Bomb) on Abortion Access – Rewire.News

A crowd rallies outside the Supreme Court during the arguments for June Medical Services v. Russo. Photo by Eric Kruszewski U.S. Supreme Court Justice Stephen Breyer has done it again! BREAKING NEWS: Supreme Court just confirmed what we all knew: Louisiana’s anti-abortion law is UNCONSTITUTIONAL.

Film: John Lewis: Good Trouble

I just watched the great documentary about civil rights icon John Lewis, and half of my ticket goes to my local movie theater, The Roxie.

It is remarkable to know how much work and self-sacrifice effective mass movements require, and how deeply impressive it is that heroes and heroines dedicate so much of their lives so directly to making things better for all of us.

John Lewis: Good Trouble | John Lewis: Good Trouble – Virtual Cinema

Using interviews and rare archival footage, JOHN LEWIS: GOOD TROUBLE chronicles Lewis’ 60-plus years of social activism and legislative action on civil rights, voting rights, gun control, health-care reform and immigration.

Also: MASS MOVEMENTS WORK.

News: Pandemic-inspired Slow Streets in San Francisco

With so many of our streets largely deserted by cars, and people desperate for some fresh air, why not give the streets back to HUMANS?

That’s the idea behind Slow Streets, which also helps local businesses by providing space for customers to wait outside their businesses in safely spaced lines, while other people can safely walk through the area. It is a clever adaptation, and a good one to see!

Slow Streets

Find local businesses, view maps and get driving directions in Google Maps.

On seventeen weeks of pandemic (and local prevention)

Tea in my favorite tea cup, which gets daily use now that I am always home

As you can tell by the prior posts, while my life (and the life of many people in my county/region) has changed significantly, yet not all of us are actually sticking to the plan to limit the spread of the pandemic.

Yes, the health orders are still in effect – here in SF, the active order explicitly says:

8. All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, or public transit, except Essential Travel, as defined below in Section 15.i, is prohibited…. This Order allows travel into or out of the County only to perform Essential Activities, Outdoor Activities, or Additional Activities; to operate, perform work for, or access a business allowed to operate under this Order; to perform Minimum Basic Operations at other businesses; or to maintain Essential Governmental Functions.

–ORDER OF THE HEALTH OFFICER No. C19-07e

And there are similar health orders in effect in other counties, yet… people within my social circles within California are taking vacations. *face palm* As in: leaving their homes, going to another city/county/state, staying in hotels, eating out, socializing with travel companions who are not from their households, sitting in the sun on beaches even they describe as “packed,” etc. Because: they are adults who are slightly bored.

I’m so glad I’m not interacting with any of these people in person, dear though they may otherwise be – and luckily, they don’t live in MY county. But I’m disappointed in them. Yes, we are all restless. Yes, I’m daydreaming of glorious, sunny, breezy moments from past trips. (I stared adoringly at maps of Lugano, Switzerland, today, which came to mind because the Swiss have decided that Americans (and visitors from 28 other nations) are too risky to allow in as visitors right now. (See the last item in this summary from the UK Guardian.) Really, based on the lack of self-control of people I know, who would blame them?) Yes, I’d love for the pandemic to be over – we would ALL love that. BUT IT IS NOT OVER. In fact, it is getting WORSE, because Americans have the self-control of small children. (No offense intended to any small children WITH self-control out there.)

I’m blaming those few, reckless people I know for the delay of museum re-openings, hair salons, and other services that could have gotten more of us living something closer to normal life, with more people CAUTIOUSLY working again.

~~~

The “New Normal” is more established now. I no longer receive mail about upcoming museum shows, library lecture series, bookshop author signing events, or public festivals: those colorful, festive newsletters have been replaced with small, polite-but-desperate pleas from local non-profits about our uncertain future, and how every activity they would ordinarily do to raise operational money cannot be done safely.

Many stores are closed permanently. Signs are down, and windows are papered over or covered in plywood. I’ve received numerous goodbye emails from those that were only open for office worker lunch shifts. My friend at a beloved local coffee chain let me know that many of our mutual friends are now seeking work.

Food delivery app-backed services are now (finally) viewed skeptically, as their business model of taking 35% or more of each sale while somehow also underpaying their delivery workers is recognized as exploitative of both restaurants AND delivery personnel.

To escape from that exploitation, restaurants near me are now running their own on-line ordering & delivery. This means some of them won’t deliver to me at all (they chose to service smaller delivery areas), foiling my earlier, successful attempts to support local restaurants. The few that do deliver to me still require full contact delivery (they want a human to touch their pen to sign a paper copy of an on-line receipt for a transaction that has already been paid (!) OR want tips handled as in-person cash transactions).

Companies that CAN support working remotely but never did before suddenly realize that people DO WORK while remote. This is transformative (I’m hoping this could be great for the physically disabled, who were not adequately accommodated in the past), and permanent remote work arrangements are being cemented at some large, digital-economy-centric corporations. The ripple effects of that alone are huge.

I continue to stay inside.

I am resolving my supply logistics. I have a stockpile of gluten-free, vegan dried proteins to tide me over if my deliveries are interrupted again. I subscribe to a local, weekly, produce-waste-prevention service, which gives me a crate of hardy fruits + veggies that can’t be sold in supermarkets due to size or color standards. My local gluten-free-sourdough bakery order will come through once the bakery completes their COVID-19 deep-cleaning and implements additional safety measures (hopefully the employee who tested positive will recovery quickly!). I am using local suppliers (for tea, olive oil, spices, grains) that can ship to my home.

My diet has changed in unplanned ways based on what I can/can’t get, which has caused me some problems (I have heartburn for the first time in 14 or 15 YEARS), and I’m trying to get a handle on that WHILE ALSO doing things like making sauerkraut or pickling beets for the first time, and making the most of what I have.

I appreciate that I have food, that my housing is stable, that my COVID-19 screening test yesterday came up clear, that I have a job, that my loved ones are reasonably healthy, that I have medical insurance. I am not going to risk the lives of others and stamp my feet over an inability to take fancy vacations to relieve some unstated existential crises or gaps in Instagram lifestyle posts. I AM going to continue to be concerned that so many Americans aren’t good at what the kids call “adulting.”

News: Current Confirmed Pandemic Figures

July 3, 2020 Johns Hopkins Coronavirus home page
Current count at the Johns Hopkins University of Medicine Coronavirus Resource Center homepage (3 July 2020 at about 9:40AM)

I had intended to comment here on major milestones, but we are just flying through them so quickly now that recent “reopening” (which is more like “denial” or “pretending coronaviruses take time off” than it is “cautious and aware activities”) has had its incubation period run out.

Reading news on the phone is now called “doom scrolling,” to give you a sense of how poorly management of this virus has gone in my part of the world. (It’s possible to do better, and many countries have, but the US has chosen a different path.)

News: Pandemic Impact on International Mail

The lack of flights to countless countries means that the mail can’t get around so easily. In some cases, it can’t reach countries AT ALL. (!!!!!!!!!)

Here’s a link to current restrictions disclosed by the US Postal Service.

International Service Alerts – Newsroom – About.usps.com

Updated: July 2, 2020 The Postal Service™ is temporarily suspending international mail acceptance for certain destinations due to service impacts related to the COVID-19 pandemic. Customers: please refrain from mailing items addressed to the countries listed here, until further notice.

News: Pandemic Rise in California

It seemed like all was going well, and then… people decided that coronaviruses take vacations, and now we can’t continue with our expansion of business activities: here in SF, the June 29th planned expansion has been “paused.”

People who won’t wear masks are ANNOYING – and are now costing people their livelihoods!

San Francisco’s Department of Public Health has an additional dashboard available now, and it shows how we are doing against our activity expansion metrics. (I love living in a City that loves data!)

Key Health Indicators on Containing COVID-19

Safely reopening San Francisco requires a strong partnership among city leaders, public health experts, businesses, and the community. Our commitment to safely moving forward together comes with the awareness that reopening too quickly may pose health risks and economic setbacks.

To give you a sense of one of the two metrics that we flubbed, here is one of the graphics from the site above as of June 30th showing the steep increase in hospitalizations:

The San Francisco Department of Public Health does data WELL.

News: 500,000 OFFICIAL COVID-19 Deaths Reached Globally

News I was not looking forward to. (Illustration on the phone screen by me. Yes, I DO love Swiss watercolor pencils, and thanks for trying to give me something more pleasant to write about.)

The Johns Hopkins COVID-19 Mortality Dashboard shows we hit 500,306 a short while ago. Today. This very afternoon. Unfortunately. And this is still an undercount, because it is just the official toll.

Was this preventable? Yes, but: HUMANS. Humans chose to prevent it in some places (I’m STILL looking at you, fantastic and careful South Korea and Taiwan!) yet chose to pretend it would disappear, “like a miracle,” in others, because key leaders haven’t watched enough horror movies about pandemics, in which terrible things happen because no one listens to the scientists who were right all along. (Truth is stupider than fiction.)

It’s strange to live in a country that regionally chose to let a global pandemic run wild. The US is still leading in the sheer volume of cases and deaths (2,510,151 confirmed cases, 125,539 deaths, and a 5% fatality rate at this moment according to the Johns Hopkins Mortality Analysis page).

I may be living in a region that set the first quarantines in the country, and benefit from excellent regional coordination of precautions, but that hasn’t spared my large state from being one of many places where videos of white women ranting about being forced to wear a mask as part of a political conspiracy keep cropping up. (Link provided to ABC7, so you won’t have to log into Twitter, where I saw that.) And our excellent regional approach won’t spare us if and when people from lax, conspiratorial areas come to visit. Which we are already dreading.

One awkward thing to note about the JH Mortality page is that it is sortable, and you can sort by which countries have the worst outcomes by population size (measured as deaths per 100,000 people). And what is terrifying is that, while the US is a big and CARELESS country without a functional leader, there are other countries that are somehow doing WORSE.

I just can’t find a polite way to discuss this with friends in other poorly-performing countries, though I’ve tried things along the lines of, ‘so sorry that our countries suck at preventing death’ and ‘I’m sorry to report we have surpassed your bad track record in the death percentage reports.’ It isn’t great to discussed shared incompetence in the absence of someone agreeing there is a problem, however, so it feels like a sensitive subject; it also feels like looking at the scaled rate it is a distraction from the US’ position as the worst-hit place, math aside.

I’ll go back to dreading ‘breaking news’ again…

News: 10 Million Coronavirus Cases Worldwide

It’s a very unhappy milestone, but we should mark it.

Global report: Covid-19 cases exceed 10m as anxieties rise over US

Global coronavirus cases have passed the 10 million mark as concerns mount over dangerous resurgences of the disease in several countries, most prominent among them the US, where infections are rising in 29 of 50 states. The pandemic has claimed almost 500,000 lives worldwide in seven months.

We are also approaching 500,000 deaths globally.

It didn’t have to be this way. But… [passive voice] “mistakes were made.”