S5, Ep. 28: Conscience protections in SCOTUS abortion cases
Release Date: 05/09/2024
Respecting Religion
On our season 6 finale, Amanda Tyler and Holly Hollman explore some of the consequential decisions from the final days of the Supreme Court term, including Mahmoud v. Taylor – which involves parents who want to opt their children out of curriculum they find in conflict with their religious beliefs – and U.S. v. Skrmetti, which focuses on access to medical care for transgender youth. They discuss the real world implications of these and other recent rulings. Amanda and Holly also celebrate a decision from the 5th U.S. Circuit Court of Appeals striking down Louisiana’s law...
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A case with a thin record is raising plenty of questions at the Supreme Court. In this episode, Amanda and Holly examine the case of Mahmoud v. Taylor, which involves parents who want to opt their children out of public school curriculum they say conflicts with their religious beliefs. But, what’s the difference between expected exposure and unconstitutional coercion? Does age matter? What happens when opt-out options become too burdensome and overwhelming to accommodate? Amanda and Holly examine the issues in this case as well as the challenges for the school district and for the...
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On this special bonus episode of the Respecting Religion podcast, we are featuring a conversation that could not wait until our normal release date. In this still-developing story, Kilmar Armando Abrego Garcia was mistakenly removed by the U.S. government from Maryland to El Salvador. His case and series of injustices are not just things that move all of us as people of faith, but there are also profound ramifications of this situation on due process, the rule of law and freedom for everyone living in our country. Our next full episode of Respecting Religion will feature a conversation with...
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There has been no shortage of news from all three branches of government in Washington, D.C., but one thing hasn’t changed: the U.S. Supreme Court continues to be interested in religious liberty cases. On today’s show, Amanda and Holly review the recent oral arguments in Catholic Charities Bureau v. Wisconsin, which focuses on a religious exemption in the state’s unemployment compensation laws. There are big questions being asked in this case, such as where one draws the lines, how can “religion” be defined, and what is meant – exactly – by the term “proselytization.”...
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African Americans’ knowledge traditions, religious practices, political cultures and ideas are rich resources that facilitate new concepts of religious freedom. On this episode of Respecting Religion, Dr. Sabrina E. Dent and Dr. Corey D. B. Walker join Amanda and Holly to discuss the book they co-edited, African Americans and Religious Freedom: New Perspectives for Congregations and Communities. It’s a collection of essays that provide novel interpretations of religious freedom informed by African American experiences, which are essential for a full public discourse about the...
info_outlineHow do religion and religious freedom arguments interact with cases about abortion access? The legal landscape here is beyond complex, and in this episode, Amanda Tyler and Holly Hollman look at how conscience protections were discussed in two recent Supreme Court cases about abortion. There is a deepening religion and policy conversation in our country, and they discuss how that conversation is reflected in these oral arguments – from Church Amendments to the doctrine of preemption.
SHOW NOTES
Segment 1 (starting at 00:38): U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine
Amanda and Holly discussed state laws after the Dobbs decision two weeks ago – in episode 26 of season 5: Archaic laws and new theories emerge from state abortion debates
Learn more about the Arizona legislature’s repeal of the 1864 law in this article by Stacey Barchenger and Ray Stern in the Arizona Republic: Arizona abortion ban repeal signed by Gov. Katie Hobbs, but 1864 law will linger for months. What’s next?
Learn more about the 6-week ban on abortions in Florida in this article by Stephanie Colombini for NPR: Florida’s 6-week abortion ban is now in effect, curbing access across the South
We played a series of clips from the oral arguments in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine, which the Supreme Court heard on March 26, 2024. You can hear the audio at this link. The clips we played featured:
- Solicitor General Elizabeth Prelogar (from 00:00:48 into the arguments)
- Justice Brett Kavanaugh and Solicitor General Elizabeth Prelogar (from 00:28:31 into the arguments)
- Justice Amy Coney Barrett and Solicitor General Elizabeth Prelogar (from 00:29:11 into the argument)
- Justice Ketanji Brown Jackson and Attorney Erin Hawley (from 01:16:40 into the argument)
Read an overview of conscience protections from the U.S. Department of Health and Human Services at this link.
Segment 2 (starting at 19:26): Moyle v. United States
Moyle v. United States is a consolidated case with Idaho v. United States.
“EMTALA” stands for “Emergency Medical Treatment and Labor Act.” Read what the American Medical Association says about the case and EMTALA at this link.
We played a series of clips from the oral arguments in Moyle v. United States, which the Supreme Court heard on April 24, 2024. You can hear the audio at this link. The clips we played featured:
- Justice Elena Kagan and Attorney Joshua Turner (from 00:06:09 into the argument)
- Attorney Joshua Turner and Justice Elena Kagan (from 00:08:02 into the argument)
- Justice Amy Coney Barrett and Attorney Joshua Turner (from 00:23:54 into the argument)
- Justice Amy Coney Barrett and Attorney Joshua Turner (from 00:48:43 into the argument)
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