Stay the Course: The Supreme Court Respects Abortion Rights Precedent

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s decision in June Medical Services v. Russo, in which a 5-4 majority of the Court struck down a Louisiana law regulating abortion providers. Grossman describes the history of abortion decisions that got us to this place today and explains why the core right to seek a previability abortion without undue burden from the government remains intact.

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What Chief Justice Roberts’s June Medical Concurrence Tells Us About the Future of Abortion

JAREB GLECKEL

Jareb Gleckel assesses what Chief Justice John Roberts’s concurrence in the June Medical decision might tell us about the future of abortion in the United States. Gleckel suggests that the concurrence suggests that the Chief Justice will not vote to overrule Roe and Planned Parenthood v. Casey but cautions that the test the Chief Justice embraces could provide a roadmap for anti-abortion states going forward.

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State v. George

Docket: 120190

Opinion Date: June 26, 2020

Judge: Stegall

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's convictions for first-degree murder, attempted distribution of a controlled substance, attempted aggravated robbery, aggravated assault, and criminal possession of a firearm, holding that any error resulting from the district court's exclusion of certain testimony was harmless. Specifically, the Supreme Court held (1) Defendant's convictions were not multiplicitous; (2) Defendant's argument that the State committed prosecutorial error when it made certain comments during its cross-examination of a certain witness was in essence an evidentiary question not properly preserved for appeal; (3) the district court's error in upholding a witness's invocation of his Fifth Amendment privilege and excluding his testimony, if any, was harmless; and (4) the cumulative doctrine did not apply.

State v. Satchell

Docket: 116151

Opinion Date: June 26, 2020

Judge: Leben

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's convictions of several sex offenses involving two children but vacated the district court's order of lifetime postrelease supervision, holding that the district court erred in ordering two different forms of supervision once Defendant finishes serving his prison sentence. Defendant was convicted of five counts of aggravated criminal sodomy, one count of rape, and other sexual offenses. Defendant was sentenced to a term of imprisonment and to two supervision terms - lifetime parole for Defendant's off-grid offenses and lifetime postrelease supervision for his on-grid crime. On appeal, Defendant argued that the district court abused its discretion by allowing the jury to hear evidence that he had sexually abused three other children. The Supreme Court disagreed, holding (1) the risk of undue prejudice did not substantially outweigh the probative value of the evidence; and (2) the district court's imposition of lifetime postrelease supervision must be vacated.

In re J.P.

Docket: 118790

Opinion Date: June 26, 2020

Judge: Leben

Areas of Law: Juvenile Law

In this extended-jurisdiction juvenile proceeding, the Supreme Court reversed the judgment of the court of appeals dismissing the juvenile's appeal, holding that the court of appeals had jurisdiction to hear the appeal. The district court gave John P., a juvenile offender, both a juvenile sentence and an adult sentence. The adult sentence was stayed on the condition that John substantially comply with the terms of the juvenile sentence and not commit a new offense. A week before John's conditional release supervision ended, the State moved to revoke his juvenile sentence and impose the adult one, citing several alleged violations of conditional-release rules. The district court found that John had violated the terms of conditional release and imposed the adult sentence. The court of appeals dismissed John's appeal, determining that it lacked jurisdiction because Kan. Stat. Ann. 38-2380(b) doesn't authorize the appeal of a later order imposing an adult sentence in an extended-jurisdiction juvenile proceeding. The Supreme Court reversed, holding that Kan. Stat. Ann. 38-2347(e)(4) gives a juvenile offender who is the subject of an extended jurisdiction juvenile prosecution all the rights an adult defendant would have, which includes the right to appeal an adverse judgment such as the one in this case.

Montgomery v. Saleh

Docket: 117518

Opinion Date: June 26, 2020

Judge: Per Curiam

Areas of Law: Personal Injury

The Supreme Court affirmed the opinion of the court of appeals affirming in part and reversing in part the order of the district court granting summary judgment for the State and Patrick Saleh, a highway patrol trooper, and dismissing Plaintiff's complaint alleging negligence and vicarious liability, holding that genuine issues of material fact existed precluding summary judgment. Plaintiffs, Shelby Montgomery and Scott Bennett, sustained injuries when a Toyota driven by Robert Horton ran a red light and collided with Bennett's truck. Horton was being pursued by Saleh at the time of the collision. Plaintiffs brought this lawsuit, claiming that Saleh was negligent in failing to cease his pursuit of Horton prior to when he did and that the State was vicariously liable. The district court granted summary judgment for Defendants. The court of appeals reversed the district court's finding on proof of causation and remanded for trial. The Supreme Court affirmed, holding (1) a genuine issue of material fact existed as to whether Saleh breached the duty imposed by Kan. Stat. Ann. 8-1506; and (2) a dispute existed as to whether Saleh's conduct was a cause in fact of Plaintiffs' injuries.

Russell v. Treanor Investments LLC

Docket: 117973

Opinion Date: June 26, 2020

Judge: Per Curiam

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the judgments of the lower courts determining that a condominium owner's consent was not required before a proposed grocery store could be constructed, holding that the district court properly granted summary judgment. In 1997, the owner of two adjacent properties (the Borders Parcel and the Development Parcel) in Lawrence executed and recorded an Operation and Easement Agreement (OEA) that restricted the building footprints and prohibited either property from being occupied or used for the sale of groceries. Ownership for the two parcels was subsequently split between two entities. In 2010, a condominium was built on the Development Parcel, and Brian Russell bought a unit in the building. In the instant dispute, the owner of the Borders Parcel sought to construct a building that would exceed the OEA's footprint restriction and contain a grocery store. Russell brought this action claiming that the OEA could not be amended without condominium owner consent. The district court granted summary judgment for the parcel owners. The Supreme Court affirmed, holding (1) the OEA's language gave the property owners authority to amend the OEA without Russell's consent; and (2) the property owners could amend the OEA to allow for the proposed changes to the Borders Parcel.