Articles Posted in US Court of Appeals for the Eleventh Circuit

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The Eleventh Circuit affirmed the judgment of the district court ruling that the Alabama Unborn Child Protection from Dismemberment Abortion Act “constitutes an undue burden on abortion access and is unconstitutional” and granting as-applied injunctive relief to Plaintiffs, holding that, under Supreme Court precedent, the Act is unconstitutional. At issue was a method of abortion referred to as dilation and evacuation, or dismemberment abortion, which involves tearing apart and extracting piece-by-piece from the uterus, at the fifteen to eighteen week stage of development, what was until then a living unborn child. The State sought to make the procedure more humane by enacting the Act, which required the one performing the abortion to kill the unborn child before ripping apart its body during the extraction. See Ala. Code 26-23G-2(3). Plaintiffs brought this complaint claiming that the Act was unconstitutional on its face. The district court ruled that the Act was unconstitutional because it would place substantial obstacles before women seeking pre-viability abortions. The Eleventh Circuit affirmed after applying the undue burden test, holding (1) the methods of fetal demise that the State proposed were not safe, effective, or available; and (2) neither the Act’s health exception nor its intent requirement saves the Act. View "West Alabama Women's Center v. Miller" on Justia Law

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The Eleventh Circuit affirmed the district court’s decision to deny Appellant unconditional release from civil commitment, holding that the district court did not commit clear error in finding that Appellant’s risk of danger to others was due to a “mental disease or defect” under 18 U.S.C. 4243(d). Appellant was found not guilty by reason of insanity by threatening the President of the United States, among other offenses. After a hearing, the district court found that Appellant’s underlying crimes involved a substantial risk of bodily injury to another and that there was a substantial risk that Appellant would harm others in the future. The district court then ordered Appellant civilly committed pursuant to 18 U.S.C. 4243(e). On appeal, Appellant argued that the district court erred in committing him because there was no evidence that he suffered from a present mental disease or defect. The Eleventh Circuit disagreed, holding that the district court did not clearly err in finding (1) Appellant suffered from a mental disease or defect, and (2) Appellant’s dangerousness was due to his mental disease or defect. View "United States v. McIntosh" on Justia Law

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The Eleventh Circuit affirmed the district court's dismissal of the Hospitals' suit to recover recoupments. At issue was whether, under the Medicare Act, 42 U.S.C. 1395w-21 to 1395w-29, the Hospitals must exhaust their administrative remedies before bringing suit for underpayment by the Medicare Advantage Organization (MAO) that manages enrollee benefits. The court held that the Hospitals, who were challenging CIP's recoupment decision, were parties to an "organization determination" who were subject to the administrative exhaustion requirements of the Medicare Act. The court noted that although it was sympathetic to the concern HHS has expressed in amicus briefs, the language of the Medicare Act and its implementing regulations was clear that billing disputes between MAOs and noncontract provider assignees qualify as "organization determinations" and were thus subject to the Act's exhaustion requirement. View "Tenet HealthSystem GB, Inc. v. Care Improvement Plus South Central Insurance Co." on Justia Law