Tag Archives: Supreme Court

Dobbs on Demand Podcast Series

Photo of Amy J. TraubBy Amy J. Traub on Posted in Dobbs
In response to the recent Dobbs v. Jackson Women’s Health Organization decision in which the Supreme Court overturned Roe v. Wade, BakerHostetler partners have developed a podcast series aimed at providing guidance and addressing questions pertaining to the new legal and business considerations that should be made in this new landscape.… Continue Reading

HHS Letter to Healthcare Providers About Emergency Medical Care

Photo of Amy FoutsPhoto of Claire BassBy Amy Fouts and Claire Bass on Posted in Dobbs, Health & Wellness, Healthcare
On Monday, July 11, 2022, the secretary of Health and Human Services (HHS) issued a letter to healthcare providers regarding the Emergency Medical Treatment and Active Labor Act (EMTALA), indicating that when a state law prohibits abortion and does not provide an exception that aligns with EMTALA’s emergency medical condition definition, that state law is … Continue Reading

Office for Civil Rights Provides Guidance: HIPAA Privacy Rule on Disclosures of Information Relating to Reproductive Healthcare

Photo of Aleksandra VoldBy Aleksandra Vold on Posted in HIPAA, Supreme Court
On On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities covered by the Health Insurance Portability and Accountability Act (HIPAA) are permitted to share protected health information (PHI) without a … Continue Reading

Group Health Plan Considerations Post-Dobbs

Photo of Susan Whittaker HughesPhoto of Jennifer A. MillsPhoto of Seth HanftBy Susan Whittaker Hughes, Jennifer A. Mills and Seth Hanft on Posted in Healthcare, Supreme Court
The U.S. Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization has presented many issues for sponsors of group health plans to contemplate as they decide whether and how to proceed with the offering and administration of abortion services. While each group health plan sponsor will need to consider its own objectives, plan populations and … Continue Reading

Issue Spotting for Employers in a Post-Roe Era

Photo of Amanda Van Hoose GarofaloPhoto of Amy J. TraubBy Amanda Van Hoose Garofalo and Amy J. Traub on Posted in Health & Wellness, Healthcare, Supreme Court
On June 24, 2022, the U.S. Supreme Court held in a 5-1-3 opinion that Roe v. Wade – a nearly 50-year-old Supreme Court opinion providing the right to an abortion in this country – should be overturned. See Dobbs v. Jackson Women’s Health Organization (available at www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf). Irrespective of whether an employer agrees with the … Continue Reading

At the Crossroads of Politics, Religion and Social Justice, Employers Face Difficult Choices

Photo of Marc AntonettiPhoto of Ashlee GrantPhoto of Allison ThomasBy Marc Antonetti, Ashlee Grant and Allison Thomas on Posted in Health & Wellness, Healthcare, Supreme Court
A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and extraordinarily difficult social and legal environment following the Court’s decision in Dobbs v. Jackson Women’s Health Organization. Many employees wonder what their employers will do in … Continue Reading

“Spacious Accommodations”: Supreme Court Breaks New Ground in Pregnancy Discrimination Case

By Salomon Laguerre on Posted in Discrimination
On March 25, 2015, the U.S. Supreme Court, in a 6-3 decision, revived a pregnancy discrimination lawsuit brought by Peggy Young against United Parcel Service (“UPS”). The decision vacated the Fourth Circuit Court of Appeals’ ruling that Young could not make a case for discrimination under the Pregnancy Discrimination Act (“PDA”) and sent the case … Continue Reading

Agencies Beware: Supreme Court Leans Toward Air Marshal Whistleblower in Oral Argument

By Jeanine Conley and Mackenna Mosier on Posted in Whistleblowing
On November 4, 2014, the Supreme Court heard oral arguments in Dep’t of Homeland Security v. MacLean, bringing closer to an end the lengthy dispute between Robert MacLean and his former employer, the Transportation Security Administration (“TSA”), which terminated MacLean for disclosing what the TSA deemed sensitive security information (“SSI”). As we discussed in an … Continue Reading

United States Supreme Court Strikes Down President Obama’s Recess Appointments to the National Labor Relations Board—Hundreds of NLRB Decisions Invalidated

By Jeremy Hart on Posted in NLRB
In its much anticipated decision in National Labor Relations Board v. Noel Canning, 573 U.S. __ (2014), the Supreme Court of the United States has unanimously struck down President Obama’s recess appointments of Sharon Block, Richard Griffin, and Terence Flynn to the National Labor Relations Board (“NLRB” or “Board”) as unconstitutional. Accordingly, the Board was … Continue Reading
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