TAKEAWAYS ON DAY ONE OF THE SCOTUS ABORTION ARGUMENTS — Justices Brett Kavanaugh and Amy Coney Barrett surprised Supreme Court watchers on Monday by sounding receptive to the arguments that opponents have leveled against Texas’ abortion ban, Alice Miranda Ollstein and Josh Gerstein reported after three hours of arguments. Some highlights:
— Any decision ripples. Both sides argued that a ruling in either direction could trigger an avalanche of legal consequences that range far beyond abortion. Clinic defenders said allowing Texas’ law to stand would enable states across the country to pass laws empowering regular citizens to file suits interfering with gun rights or religious liberty or free speech. Texas’ representatives said allowing the federal government to intervene in this case would lead to the trampling of states’ rights more broadly. — Congress gets called on the carpet. Justices turned to the role of federal lawmakers on several occasions. Defenders of the Texas statute said Congress could have passed a law to give the federal courts or the Justice Department the right to step in over such a law, but had not done so. But Justice Elena Kagan shot back that “Go ask Congress” was an inadequate answer for citizens whose rights are being infringed on. “Isn't the point of a right that you don't have to ask Congress?” she asked. — Justices battle over hypotheticals vs. reality. Justice Samuel Alito, for instance, asked multiple times about the possibility of a person who has had an abortion suing their own doctor for emotional damages. Kagan, meanwhile, argued that abortion providers are so afraid of a potential wave of lawsuits that the number of abortions has fallen by about half, according to health researchers at the University of Texas. ADMIN PREPS FOR KID VACCINES — The White House Covid-19 Task Force said Monday 15 million pediatric Pfizer doses, which are one-third the amount of an adult dose, are being sent to distribution centers in preparation for the CDC’s recommendation, David Lim writes. “Over the next couple of days, several million doses will start arriving at local pediatricians and family doctors offices, pharmacies, children's hospitals, community health centers, rural health clinics and other locations,” White House Covid-19 Coordinator Jeff Zients told reporters during a briefing. “More doses will be packed and shipped and delivered each and every day over the next week or so,” said Zients, who added that the federal government has enough Pfizer vaccines to inoculate every child 5 to 11 years old. “We're in great shape on supply, and the whole plan is based on Pfizer vaccines,” Zients said. DOJ, RITE AID WORK OUT VAX PORTAL AGREEMENT — The Justice Department on Monday announced a settlement with Rite Aid aimed at helping people with disabilities book their Covid-19 vaccination appointments online. The case, involving the U.S. Attorney’s Office for the Middle District of Pennsylvania, sprung from Rite Aid’s original vaccine registration portal, which attorneys argued was not accessible to people with disabilities including those who use screen reader software or can’t use a mouse. Rite Aid through the settlement has agreed to make its Covid-19 information and scheduling forms accessible per the Web Content Accessibility Guidelines. |