OA179: Abortion and Plea Bargaining
Today's episode takes a deep dive into two developments concerning the right to an abortion in the U.S., followed by our continuing discussion on plea bargaining with listener comments from prosecutors, public defenders, the U.S. judiciary, and even international listeners.\xa0 You won't want to miss it! We begin with an in-depth examination of the so-called "gag rule" just proposed by Trump's Department of Health and Human Services.\xa0 Is it really a gag rule?\xa0 (Yes.) After that, we look into the Supreme Court's recent decision\xa0not to grant certiorari in\xa0Planned Parenthood v. Jegley, allowing an 8th Circuit decision to stand that, in turn, denied a preliminary injunction blocking a restrictive Arkansas abortion law,\xa0HB1394.\xa0 Is this a bad sign?\xa0 (Yes.) After that, we return to the subject of plea bargaining that's been a hot topic in our inbox for weeks, capped off by the Iowa Supreme Court's discussion of the issue in\xa0\xa0Schmidt v. Iowa. Finally, we end the answer to Thomas Takes The Bar Exam #78 regarding whether the jury can read a treatise on mill grinding.\xa0 Remember to follow our Twitter feed (@Openargs) and like our Facebook Page\xa0so that you too can play along with #TTTBE! Recent Appearances None!\xa0 If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links
- For context on the Trump HHS gag rule, you can read Title X,\xa042 USC \xa7 300 et seq.
- Planned Parenthood v. Jegley, 864 F.3d 953 (8th Cir. 2017), denied a preliminary injunction, allowing HB1394\xa0to take effect.\xa0 You can read the cert petition here.
- If you're feeling good about\xa0Schmidt v. Iowa\xa0and need to be reminded that "actual innocence" is\xa0not a ground for federal habeas corpus relief, check out\xa0Herrera v. Collins, 506 U.S. 390 (1993).