NEW HAMPSHIRE RIGHT TO LIFE
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES.

U.S. | 2015-11-16
No. 14–1273.
136 S. Ct. 383 Supreme Court of the United States (2015) Positive Treatment
Also reported at: 193 L. Ed. 2d 412
Cited by 4 cases

Opinion of the Court

* * *

The First Circuit's decision warrants review. It perpetuates an unsupported interpretation of an important federal statute and further muddies an already amorphous test. For these reasons, I respectfully dissent from the denial of certiorari.


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  • Food Mktg. Inst. v. Argus Leader Media, 139 S. Ct. 2356 (U.S. 2019)
    ….g., Critical Mass Energy Project v. NRC , 931 F.2d 939, 947 (CADC 1991) (Randolph, J., concurring) ( National Parks was " 'fabricated ... out of whole cloth' "); New Hampshire Right to Life v. Department of Health and Human Servs ., 577 U. S. ----, 136 S.Ct. 383, 193 L.Ed.2d 412 (2015) (Thomas, J., joined by Scalia, J., dissenting from denial of certiorari). Even the D. C. Circuit has distanced itself from the decision. While retaining National Parks principally as a matter of stare decisis in the context…
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