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Empower Your Legal Presentations with Our Law PowerPoint Templates and Google Slides Themes

• Spectrum of Themes: With the vastness of the legal field, we ensure our law and justice templates cater to various areas. From themes that reflect the ambiance of a law firm or courtroom to the nuances of banking law, business regulations, and criminal justice, we have it all. Additionally, there are specialized slides dedicated to significant legal milestones like the Civil Rights Act, the Constitution, the World Day Of Social Justice, Fundamental Rights, and more.
• Innovative Designs: Our designs are not just templates; they are tools. They facilitate better comprehension, retention, and engagement. With creative visuals and professional color schemes, your presentations won't just inform but also captivate.
• Customizable Features: Recognizing the uniqueness of every legal case, argument, or lesson, our legal templates are designed with fully editable features. Adapt them to fit your specific needs.
• Law-Centric Imagery: To enhance the relatability of your discourse, our templates integrate key law-related symbols: the solemn courthouse, the decisive gavel, the balanced scales of justice, and more. These iconic visuals resonate with the audience, making your presentation memorable.
• Free Downloads: Quality shouldn’t always come with a hefty price tag. For budding professionals or those on a tight budget, our free law slides ensure accessibility without compromising on excellence.

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What are law presentation templates.

Law Presentation templates are the best presentation tool designed with the theme of Law to creatively showcase the details of Law and orders.

Where can we use these Law Presentation Slides?

Law Presentation templates are the best tool for law presentations. These slides hold perfect law theme backgrounds to suit your presentation title. Also, these slides are great for use at law colleges for seminars and workshops.

How can I make Law Slides in a presentation?

The individual who is the best at making PowerPoint templates will find it simple to do so. However, if you are new to PowerPoint and a newbie, you may use some pre-made or ready-to-use templates. You may also visit our PowerPoint tips & tricks website to create a new template.

Who can use Law Templates?

Law templates are the best choice for lawyers, law students, judges, and professors at law colleges. These templates will help them to share their information about Law and order with stunning visual elements, backgrounds, and themes. It will save them time in the design process.

Why do we need to use Law Presentation Slides?

The finest resource for presentations is PowerPoint slides, so it is an excellent choice to use law themes for law presentations. Unique law themes are used in these templates to strengthen the presentation points.

Where can I find free Presentation Templates?

Many websites offer and include free PowerPoint templates for presentations. However, finding the ideal presentation template takes a lot of work. Therefore, relying on a reliable website like Slide Egg is essential.

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• Apr 20, 2021

Creating an Effective PowerPoint Presentation for a Legal Proceeding

PowerPoint presentations have long been used in the courtroom to deliver important arguments to a judge and jury. Although this technology is not new, many attorneys still struggle to use the software effectively. Without the right tools, even the strongest legal arguments may be lost on the audience.

The Basics: Know Your Screen

The type of screen on which your presentation will be displayed makes a significant difference in its visual clarity. An older pull-down screen in a courtroom may not be as easy to view as a large high-definition monitor. The lighting in the presentation environment also has a large impact on the screen.

At TrialSpectrum, Inc., our team of professionals carefully studies the location of your presentation, whether it is a large courtroom or a small conference room. This allows us to create a PowerPoint presentation that is tailored to the specific environment in which you will be presenting.

Fonts and Colors

The font type and font colors you select for your PowerPoint presentation determine whether your audience is able to read the information you are delivering. For example, did you know that sans serif fonts are usually easier on the eyes? Capitalizing every word in a block of text is also generally ineffective, and many background colors can cause many viewers’ eyes to strain. At TrialSpectrum, Inc., we know the best types of fonts and font colors to use to ensure your audience is able to read text, regardless of their age or visual acuity.

Do Not Read from the Screen

A PowerPoint presentation is a visual aid . A visual aid should support an attorney’s presentation—not be the entire presentation itself. An attorney should use a PowerPoint presentation to drive home important facts and legal arguments. If the attorney simply stands in front of a judge and jury and reads from a slide, the attorney risks these individuals becoming bored and unimpressed.

At TrialSpectrum, Inc., we will work with you to help you use a PowerPoint presentation as a supplemental tool to strengthen your legal arguments. We will help you practice and will provide tips to you to increase the effectiveness of your delivery.

Plan Your Position

Where you stand during a PowerPoint presentation is important. You want to be able to address your audience while tying your statements to the slides that are displayed. Stand too close to your audience and they may focus on you instead of the PowerPoint. If you stand too far away, the audience may become distracted.

The team of professionals at TrialSpectrum, Inc., will help you determine where you should stand to deliver your message effectively. We will also discuss body language and whether you should move about the room at all during your presentation.

A Variety of Visual Elements

One of the greatest advantages of using PowerPoint software is its ability to include a variety of visual elements into a single presentation. Attorneys are able to incorporate photos, audio clips, videos, graphics, animations, and a variety of other pieces of evidence into a single presentation. Because everyone learns information differently, a PowerPoint presentation is an excellent tool to use to ensure the audience understands both the facts of a case and the laws and regulations that may affect them.

Contact TrialSpectrum, Inc. Today to Begin Creating a PowerPoint Presentation

The team of litigation consultants and trial technology experts at TrialSpectrum, Inc., has the tools you need to elevate your legal arguments. We not only create effective PowerPoint presentations, but we also work with you to ensure you are comfortable using the software. We are available the day of your presentation as well to assist with any technological issues you may have. To learn more about our company and the services we offer, call 800-789-0084 or visit www.trialspectrum.com.

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6 Tips to Make Your Legal Presentations Pop

No legal presentation is ever like another..

Sometimes attorneys handle dry, complicated intellectual property matters; other times, emotional personal injury cases.

But in many years of making dynamic presentations for all kinds of hearings and audiences, our team has learned that there are a few important steps that will ensure your slides have the weight and power they deserve.

1. Don’t Be Generic

Ugh. You know that jurors have seen a standard-issue PowerPoint template a bazillion times.

When using generic templates with little personality, you risk losing your audience’s attention. Instead, try some simple customization and color to make them stand out and hold attention. Curved edges, color contrast,  gradients, and better fonts for more readable slides are a few simple ways you can customize your presentation.

…Don’t Worry, You Can Still Print Them

I know what you may be thinking – if you’re worried about printing slides with a dark background, PowerPoint does let you print in pure black and white, which is great for markups and saves on toner.

2. Make Images That Stand Out

If you’re not sure whether to go with a dark or light background, consider your content. For example, photos stand out more on a dark background.

In a bright room, text tends to be easier to read on a light background.

And if your content varies throughout the presentation and includes both text and images, consider using what we call an “accent box” – basically a block of white on a darker background. This works best for the text-heavy slides.

3. It Starts With a Great Title

Another important consideration for templates is the slide title. Aligning titles to the left margin ensures that they will start in the same spot every time, which makes them much easier to follow for readers than center aligning. Try to keep titles on one line, but if you must go onto a second line, make sure the top line is shorter than the bottom. Putting a soft return (shift+return) where you want the title to break onto the next line makes a big difference in readability.

4. Better Typography = More Readable Text

A presentation full of text slides can definitely get boring for audiences. But even the best presenters need the occasional bulleted list slide.

To keep your bullet point slides readable, be as concise as possible. One line per bullet is preferable, but if you must go onto two lines, it helps to have proper line spacing (leading) set up so that your ideas do not blur into a mass of text. Also be sure to avoid leaving a single word on the second line (we call that a widow).

Keep your font size large enough to read, but not too large. A good rule to follow is 46-52 characters per line (1.5 to 2 full alphabets). If you only have a couple bullet slides, consider using icons instead of plain circle or square bullets for additional visual impact.

5. No More Boring Icons and Stock Photos!

If you are struggling to find imagery for your presentation, don’t default to using cheesy clipart! Websites like the Noun Project , Vecteezy , Creative Commons , and Brands of the World can help you find great icons, stock photos and logos without licensing fees. (Pay attention to licensing – some icons and photos may require attribution.)

6. Test the Equipment

Our last, but perhaps most important tip – take a test run. It’s devastating to slave away on a presentation only to see it completely washed out and unreadable on the courtroom projector. Try to get into the courtroom during set up to test your slides on the equipment that will be used during your presentation.

If you can’t use the actual machine, test it on the worst projector or monitor you can find, just to be safe. This is especially true if your usual computer has a high quality monitor. For example, there is always a big difference between what we see on our MacBook screens versus typical projector screens.

We’re Here to Help With Trial Presentation

Most of these are simple tips, but taken together, they deliver professional, polished presentations that make sure your audience hears what you’re trying to tell them. For more help with your presentation, schedule a consultation with our services team . We can make compelling graphics, videos, and more. We can even come to your trial to run the slides and manage the technical aspects of presentation , so that you can focus on delivering a winning argument.

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Trial Presentation 101: Impactful Courtroom Demonstratives

Trial preparation 101: strategies for building winning arguments, why the cloud is the only answer for multi district litigation.

40+ Best Legal PowerPoint Templates (+ Law PPT Slides) 2024

There is nothing easy about working in the law industry, it requires hours of dedicated work, and you often find yourself hours deep into paperwork to get anything meaningful done. Yet, this can be doubly stressful when you’re tasked with making a legal presentation.

The best way to make a legal presentation is through pre-made legal ppt templates. However, finding good-quality law PowerPoint templates can be a nightmare at times, forcing you to search through thousands of templates online.

It’s for this reason that we decided to compile a list of legal ppt templates sourced from both premium and free options making sure to cover every style of law PowerPoint template you could possibly need.

If you’re stuck needing to create a legal presentation or just need something to spice up your portfolio, you’ll find it all here on our list.

Read on to see our collection of the best legal PowerPoint templates out there right now!

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Justiciva – lawyer & law firm powerpoint template.

Justiciva is a beautifully designed PowerPoint template for modern law firms and lawyers. It comes with a set of stylish slides for presenting your key points in a more engaging way. The template has more than 40 different slides with device mockups, vector graphics, image placeholders, and more.

Kontra – Attorney & Lawyer PowerPoint Template

This PowerPoint template comes with a clean and modern design. It’s great for making presentations on various topics related to law. There are 50 unique slides in this template that you can easily customize to change colors, fonts, images, and much more according to your preference.

Notaria – Notary Public PowerPoint Template

If you’re working on a presentation related to notary public or legal services, this PowerPoint template will come in handy. It includes 40 unique slides with creative and modern layouts. You can use it to craft presentations that deliver your message in a more clean manner.

Firma – Lawyer PowerPoint Template

Firma is a modern PowerPoint template made with lawyers in mind. This template comes with 30 different slides with professional designs. It’s ideal for corporate agencies and law firms as well. The template has drag-and-drop features with easily editable elements.

Lawtice – Lawyer & Attorney PowerPoint Template

Lawtice is a clean and minimal PowerPoint template you can use to make slideshows for both lawyers and attorneys. There are 15 unique slides in this template with layouts that are useful for various law-related presentations.

Trust – Law Firm PowerPoint Template

If you prefer bold presentation designs with dark color themes, be sure to give this PowerPoint template a try. It comes with a dark and gold color scheme that gives a high-end look and feel to the entire presentation. There are 34 unique slides in this template.

Lawcaso – Lawyer & Attorney PowerPoint Template

Lawcaso is a creative PowerPoint template specifically designed for lawyers. It has bright and attractive slide layouts with plenty of space for promoting your law firm and legal services. The template includes 40 slides.

Sean – Law Firm PowerPoint Template

Sean is a powerful legal PowerPoint template with a lot of features. It contains 30 useful slides in HD resolution for attorney and law firms. As one of the best legal ppt templates out there, Sean certainly deserves your attention.

Juristic – Legal Advisor PowerPoint Template

An elegant and polished presentation is key to earning clients’ trust, especially for startup legal businesses. Juristic is an excellent template that can help you impress and keep your clients with minimal effort. When looking for sophisticated law ppt templates, Juristic is well worth checking out.

Lawyero – Law PowerPoint Template

Next up, we have Lawyero, a modern and professional PowerPoint template that focuses on the most important aspect of a presentation, i.e., content. The template is 100% customizable and has an array of amazing features for you to try out.

Lawistic – Legal PowerPoint Template

Lawistic is a sophisticated PowerPoint template that can virtually be used for any law presentation. It comprises of 30 slides, painstakingly created by professional designers so you can impress your clients without having to do anything extra.

Lawl – Law Advocate PowerPoint Template

Lawl is a powerful PowerPoint template that will bring new opportunities to your law firm. Its clean and modern layout will engage your clients and get them all curious to know what’s coming next. It has 30 slides that can be customized to your liking in just a few clicks.

Freedom – Law PowerPoint Template

If you’re looking for a PowerPoint template that covers nearly every aspect of law and justice, Freedom is well worth checking out. It has thirty slides, three pre-made color schemes, free fonts, and a 16:9 widescreen ratio. When it comes to the best legal ppt templates, Freedom stands at the top of the league.

Universale – Law PowerPoint Template

Universale is a clean, and modern PowerPoint template that caters to any firm that’s even remotely related to law and order. It features 30 carefully crafted slides, infographics, free fonts, vector icons, and more. If you are on the hunt for the best law ppt templates, Universale is a solid choice.

Legal PowerPoint Template

Legals is a fantastic foundation for any legal presentation. Providing you with a sleek and professional range of slide designs, and a multipurpose range of slide applications. The template provides thirty different custom slides, five themes, image placeholders, and much more!

The Legal Service PowerPoint template is a gold standard in the world of legal presentations. It comes with an ultra-modern aesthetic and consists of thirty custom slides that are great for corporate pitches, business portfolios, or general legal presentations. A perfect choice for a professional context.

Bring a touch of elegance to your legal presentation with the Legal Law Presentation Template. A regal styled legal template that has no shortage of style. The template provides thirty custom slides, a range of vector icons, a free font pack, and more!

Prime Legal is an ultra-modern and unique legal presentation template. Providing you with the sleek professionalism that helps to set legal presentations apart from the rest. The template comes loaded with options, including fifty custom slides, a range of themes, image placeholders, a free font, and a selection of master slides.

This Legal Servers PowerPoint Presentation Template takes a more trendy and unique aesthetic approach to their slide designs, providing a great style that is sure to impress. The template includes fifty unique slides, a range of themes and animation options, as well as much more for you to enjoy.

Law Company PowerPoint Template

Here we have a creatively designed law PowerPoint template featuring 50 slides, totally customizable to fit all of your requirements. If your aim is to create a presentation that instantly grabs your audience’s attention, this product is the right choice.

Milcheur is a gorgeously designed law PowerPoint template, using a wooden aesthetic and a professional cream slide design. A gold standard in the world of professional legal template designs. It provides you with thirty custom slides, and a range of customization options to keep you busy.

If you’re creating a legal presentation for Government use, then look no further than Citizen. A simple, yet effective, government style legal presentation format. It provides you with thirty custom slide designs, a range of master slides, as well as much more!

Whilst Bravia is traditionally a business PowerPoint template, it is based on a multipurpose foundation. Allowing it to be an incredibly useful template for legal applications. It uses a sleek and modern black, white, and green slide aesthetic which is truly impressive to look at.

The Lawyer PowerPoint template is a simple, minimalistic template design that provides you with a solid foundation to create a stunning legal presentation with ease. The template provides you with over one hundred and fifty slide designs, spread across five iconic themes.

Thorfinn is one of those template designs that is simply captivating to look at. Using an ultra-modern design, mixed with a sleek and professional slide aesthetic, this template is sure to impress any group you put it in front of. The template provides you with thirty custom slides, a range of master slides, and customization options to keep you busy.

Mercye is a fantastically tailored multipurpose legal PowerPoint template. The slides use a simple professional design, and comes with a range of graphics and icons that compliment the style perfectly. There are forty master slides, a range of image placeholders, and custom icons for you to enjoy.

Lawyer Case is a versatile legal PowerPoint template that uses a simple minimalistic design, perfect for professional applications. The template itself excels at portfolio use, internal pitch meetings, and client presentations. There is a massive range of one hundred and fifty slides to choose from, with many customization options to keep you busy.

TopLawyer is an extensive legal PowerPoint template, striving to provide all of the custom slide options you’d ever need in the legal field. There are over two hundred different slides, each tailored with the same clean and professional design.

Lawfirm is a professionally designed attorney presentation template, designed for high-end professional applications. It comes with a fully editable template structure, fifty custom master slides, and over four hundred slide template designs for you to enjoy.

Bring a touch of elegance to your legal presentations with this Lawyer presentation template. Each slide comes with a clean and sleek ultra-modern design, with slides tailored towards strictly presentation use.

Vergo is a much more traditional office-style presentation format, providing you with a versatile template that can meet almost any professional application need. The template itself consists of thirty-six slides, a range of image placeholders, and a fully editable foundation for you to work with.

Show off a little with the Passion template, a gorgeously designed ultra-modern and clean legal presentation template. Each slide uses a 50:50 image to text ratio and comes with a range of customization options to help you tailor the template to your own applications.

Law Enforcement PowerPoint Template

This presentation slides can help you reduce the anxiety involved with giving a presentation. Well-designed slides not only build your own confidence, but they also make your key points clearer to the audience.

Juridic – Legal PowerPoint Template

Juridic is a clean and professional presentation template that can be used for law & legal needs.

Lawry – Law PowerPoint Template

Lawry is a presentation template that can be used for a law firm. This template can also be used for various purposes, such as consultants, pitch deck investors, and other businesses

Justica – Law Firm PowerPoint Template

This clean and creative layout gives you many possibilities for creativity. There is no need to use any additional software. You can edit easily this presentation. It’s 100% customizable, all shapes are resizable, with no quality loss, removable and editable.

Free Legal PowerPoint Templates

You don’t have to spend a pretty penny to get your hands on some great legal PowerPoint templates. Let’s take a look at some free options that stand out among the crowd.

Free Criminal Justice Lawyer CV PowerPoint Template

You can use this free PowerPoint template to design a professional CV presentation for lawyers. It has 22 unique slide layouts featuring dark and creative content designs. The template is available in Google Slides format too.

Free Modern Criminal Justice Presentation Template

This free PowerPoint template comes with a creative and attractive slide design. It’s perfect for designing slideshow for a speech or event related to criminal justice. There are 36 different slides in the template.

Free Legal Services Project Proposal PowerPoint Template

Craft a simple presentation to showcase your proposal for legal services using this free PowerPoint template. It has simple and clean slide layouts with professional content designs. The template includes a total of 29 slides.

Spelman – Free Law PowerPoint Template

Whether you need a PowerPoint template for a legal firm or a lecture about law and order, Spelman can be of great help. It contains a range of simple yet eye-catching slides that can be tweaked as much and as little as you’d like. Grab it today!

Free Law Consulting Firm PowerPoint Template

If you want to deliver a successful sales pitch presentation, this free legal PowerPoint template is what you need to get your hands on. It features 100% editable slides, thousand of icons, infographics, and free fonts. A must-have resource in any legal company’s PowerPoint toolkit!

This PowerPoint template will help you create an amazing legal CV with ease. Providing you with a range of presentation slide designs that work to show off your best qualities, and leave a lasting impression.

Looking to create a comprehensive marketing plan for your firm? Then you need this Lawyer Marketing Plan PowerPoint template. A simple, yet professionally tailored presentation template that will have you up to speed with your marketing strategy with ease.

Show off the best qualities of your firm with the Suits and Lawyers Firm Profile PowerPoint template. An elegantly tailored template style, using an ultra-modern aesthetic mixed with a professional finish. A great option for those looking to pitch their services to new clients.

Create an Amazing Legal Presentation with These Templates!

Whilst there is nothing easy about the legal field, that doesn’t mean finding a great legal presentation template has to be difficult as well. With these templates under your belt, you’ll have everything you need to create an amazing legal presentation with ease.

How to Read and Understand Case Law

Aug 24, 2014

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How to Read and Understand Case Law. Case Law Structure of a Decision Precedent Case Citation Practice Exercises. Overview. What is Case Law?. Case Law. Decisions made by the courts, i.e. , judge-made law 2 functions:

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Howto Read and Understand Case Law

Case Law Structure of a Decision Precedent Case Citation Practice Exercises Overview

What is Case Law?

Case Law • Decisions made by the courts, i.e., judge-made law • 2 functions: • Interpret Constitution, statutes, and regulations—“put meat on the bones of the law” • Apply Constitution, statutes, and regulations to particular facts

Case Law (cont.)(Example) • Under 35 U.S.C. §112, ¶ 1, “[t]he specification shall contain a written description of the invention.” • What does it mean to have a written description of the invention? • Case law tells us.

Case Law (cont.)(Example) • “The ‘written description’ requirement serves a teaching function, as a ‘quid pro quo’ in which the public is given ‘meaningful disclosure in exchange for being excluded from practicing the invention for a limited period of time.” Univ. of Rochester v. G.D. Searle & Co., Inc., 358 F.3d 916, 922 (Fed. Cir. 2004). • The written description requirement may be satisfied in a variety of ways, including: • (i) a recitation of a representative number of species falling within the scope of the genus, Regents of the University of California v. Eli Lilly & Co.,119 F.3d 1559, 1569 (Fed. Cir. 1997); • (ii) a recitation of structural features common to members of the genus, which features constitute a substantial portion of the genus; id.; and • (iii) functional characteristics when coupled with a known or disclosed correlation between structure and function, Enzo Biochem, Inc. v. Gen-Probe Inc., 323 F.3d 956, 964 (Fed. Cir. 2002).

How Does Case Law Apply to Examiners? • Case law is often cited by applicants to argue against a rejection. When that happens, examiners need to understand the cited case law and either: • explain why it does not overcome the rejection; or • recognize that the rejection is not correct and withdraw it. • Case law can be relied upon to support a rejection, see e.g., MPEP § 2144.04 • Ensure a clear and concise rejection • Increase chance for affirmance at Board • Quicker disposal of case • Case law may not be necessary to use in all circumstances, i.e., it is not a per se rule that case law is needed to support every rejection.

Options for How Case Law Can Help Support a Rejection • Clarify the correct legal standard • Compare or contrast facts in case law with those in an application and then apply result and reasoning from case law to application • Case law does not apply to the rejection

Case Law(Legal Standard Example) • Non-patent law example of incorrect legal standard: • An argument that you cannot be found guilty of murder unless the body has been found. • A body is not required to prove murder, though is surely helpful in proving the case. • Patent law example of incorrect legal standard: • An argument that a showing of obviousness always requires a showing of teaching, suggestion, or motivation. • After KSR, TSM is but one of several ways to support a showing of obviousness.

Case Law(Patent Case Law Analogy/Distinction) • In Anderson’s-Black Rock, the claimed invention was a paving machine that included a radiant heat burner. • Paving machines and radiant heat burners were both in the prior art. • Supreme Court held the invention obvious because “the radiant-heat burner functioned just as a burner was expected to function; and the paving machine did the same.”

Case Law(Patent Case Law Analogy) • Claimed invention is bicycle including a bell. • By analogy to Anderson’s-Black Rock, one could argue that putting a bell on a bicycle would be obvious. • Bell and bicycle both known. • Bell would function on a bicycle as expected, just like radiant-heat burner functioned as expected when included on paving machine.

Case Law(Patent Case Law Distinction) • Claimed invention is a battery that combined various elements from prior art batteries. • In contrast to Anderson’s Black Rock, one could argue that combination of prior art elements in claimed battery would not be obvious. • Elements of battery known, like the radiant-heat burner and paving machine. • But, elements functioned together in an unexpected way, unlike the radiant-heat burner on the paving machine, which functioned as expected.

MPEP and Case Law • MPEP contains case law that is consistent with Office policy. • MPEP is the best source of case law for examiners and should always be consulted first. • But, the MPEP is just a summary; it may be necessary to go beyond the MPEP and read the actual case to fully understand it.

Structure of a Decision

Why Is the Structure of a Decision Relevant to Examiners? • Helps examiners navigate a decision to more quickly and easily identify examination tips

The Dirty Little Secret • It may not be necessary to read the entire case to decide whether it is relevant. • Go to specifically the cited text and read it in context first • If relevant, then read the other parts of the case that are pertinent to examination. See slide 23.

In re Fulton

Case Caption • Ex Parte Applicant • Case before the BPAI • In re Applicant • Cases before the court after BPAI decision • A v. B • Two parties suing each other, e.g., patent infringement, interference, etc. • Applicant v. Director of the USPTO • Someone suing the Office

What Is In a Name?(Examples) • Ex Parte Kubin • Kubin v. Monsanto • Kubin v. Dudas • In re Kubin

Opinion Type • Majority • Forms the opinion for the court • Presents the holding and rationale for the court • Concurrence • Agrees with ultimate outcome, but for different reasons • Written by one or more judges • Judge in the majority may also be in concurrence • Dissent • Disagrees with ultimate outcome • Written by one or more judges • Dissenting judge is not part of majority • Plurality • No majority; fractured opinion with multiple judges going different ways for different reasons • Happens with appellate court sitting en banc or Supreme Court

Importance of Opinion Type • Decision of the court is found in the majority opinion • Any statements in the concurrence or dissent are for a single judge only; such statements are not the opinion of the court and are not binding on the court • If concurrence or dissent is cited, the authoring judge should be mentioned to indicate that the cited statement is from that judge and does not represent the view of the court

How Do I Know the Opinion Type?(Examples) • Opinion will show it.

Structure of a Decision • All decisions have standard sections, which are always presented in a certain order • Standard sections are typically identified by headings or roman numeral dividers • Some sections are relevant to examiners; others are not

Structure of a Decision (cont.)(Parts Relevant to Examiners) • Introduction • Facts • Procedural History • Discussion of Issues • Issue #1 • Law • Application of law to facts, etc. • Issue #2 • Law • Application of law to facts, etc.

Structure of a Decision (cont.)(Parts Not Relevant to Examiners) • Jurisdictional Statement • One sentence statement explaining the basis for the court’s authority to decide the case • Standard of Review • Test used by court in deciding whether to interfere with a decision of Board/lower court • Conclusion • Statement addressing relief sought by plaintiff/appellant (e.g., affirm, reverse, affirm-in-part and reverse-in-part, or remand)

Introduction • One sentence summary of who is seeking review and on what issue • One sentence summary of outcome with short reason

Introduction(Fulton Example) • Appellants Daniel Fulton and James Huang appeal from the decision of the U.S. Patent and Trademark Office, Board of Patent Appeals and Interferences (“Board”), affirming the examiner’s rejection of appellants’ application for a utility patent on grounds that the invention claimed would have been obvious under 35 U.S.C. § 103(a). The appeal was submitted for decision without oral argument on November 5, 2004. Because the Board’s finding that the prior art suggested the desirability of the combination of shoe sole limitations claimed in appellants’ patent application was supported by substantial evidence, we affirm.

Facts • Technology in dispute • Claims • Prosecution history — pertinent parts • Prior art

Facts(Fulton Example) • On July 24, 1997, appellants filed application number 09/122,198 (the ’198 application) for a utility patent directed to a shoe sole with increased traction. Claim 1, the only independent claim at issue, reads: An improved shoe sole . . . . ’198 application, at 7. • Three limitations of this claim are at issue, namely the limitations that: (A) the perimeter of the shoe is mostly open, (B) the projected surfaces, also called studs, are hexagonal in shape, and (C) the hexagonal shapes be oriented so that opposite edges of the hexagon “face generally in the directions of said fore-aft axis.” Id. A figure from the ’198 application is reproduced below, with non-substantive modifications for simplicity of presentation. • Prior art related to the ’198 application includes U.S. Patent No. 3,793,750 (“Bowerman”), U.S. Design Patent No. 281,462 (“Pope”), U.S. Design Patent No. 263,645 (“Mastrantuone”), and United Kingdom Patent No. 513,375 (“Davies”). Figures from these patents are reproduced below.

Procedural History • Description of action in lower tribunal • Decision of lower tribunal • Reasoning of lower tribunal • Be careful not to confuse reasoning of lower tribunal with that of Court issuing the decision

Procedural History(Fulton Example) • The examiner rejected the ’198 application, inter alia, on obviousness grounds by considering Pope in light of Bowerman and Davies, and appellants appealed this rejection to the Board. • In its decision, the Board reversed the examiner’s ground for rejection, supplied an alternative ground for rejection, and remanded. • After the Board entered its decision, appellants filed a request for rehearing. • The panel held this motion for rehearing in abeyance while the examiner considered the application on remand. After reopening prosecution, the examiner rejected the ’198 application for reasons identical to those offered by the Board in its first decision . . . .

Discussion • Issue • Sometimes, court will present the parties’ arguments before identifying the legal issue. • Be careful not to confuse parties’ arguments with the Court’s decision and reasoning • Relevant law • Application of law to facts with decision on issue and explanation of reasons for decision • Relevant legal principles, analysis, and phraseology will be found here

Holding • Court’s ultimate legal conclusion on an issue • Under this law, with these facts, this result • “We hold” • Use extreme caution in classifying a statement by a court as a holding • Courts use the “hold” sparingly; do the same • MPEP usually captures holding for most cases

Rationale(a.k.a., reasoning) • Reasons for the ultimate conclusion • No magic words • E.g., “We conclude,” “We determine,” “We think”

Dicta—It’s Dangerous • Dictum (singular): Dicta (plural) • Statement or observation made by a judge that does not form a necessary part of the court’s decision, but is included in the body of the court’s opinion • Court said it, but not needed to reach decision • Attorneys may cite dicta in arguing against a rejection • DICTA IS NOT A HOLDING

Holding v. Dicta(Example) • In eBay v. MercExchange, 547 U.S. 388 (2006), the Supreme Court addressed issue of whether patentee MercExchange was entitled to a permanent injunction. • Supreme Court observed that the district court denied a permanent injunction because patentee MercExchange expressed a willingness to license its patents, showing it would not suffer irreparable harm if an injunction did not issue.

Holding v. Dicta (cont.)(Example) • In the context of reviewing whether willingness to license could defeat an injunction, Supreme Court stated: • “For example, some patent holders, such as university researchers or self-made inventors, might reasonably prefer to license their patents, rather than undertake efforts to secure the financing necessary to bring their works to market themselves. Such patent holders may be able to satisfy the traditional four-factor test, and we see no basis for categorically denying them the opportunity to do so.” 547 U.S. at 393. • Statement is dicta because it is not about the private parties to the case, but instead concerns university researchers or self-made inventors as hypothetical parties

Issue(Fulton Example) • Appellants first argue that the Board’s finding of a motivation to combine lacks substantial evidence because the Board failed to demonstrate that the characteristics disclosed in Pope, hexagonal surfaces in a facing orientation, are preferred over other alternatives disclosed in the prior art. • This argument fails because our case law does not require that a particular combination must be the preferred, or the most desirable, combination described in the prior art in order to provide motivation for the current invention. • ‘[T]he question is whether there is something in the prior art as a whole to suggest the desirability, and thus the obviousness, of making the combination,’ not whether there is something in the prior art as a whole to suggest that the combination is the most desirable combination available. See In re Beattie, 974 F.2d at 1311 (internal quotation omitted; emphasis added). A case on point is In re Gurley, 27 F.3d 551, 552-53 (Fed. Cir. 1994) . . . .

Sources of Confusion • Syllabus — summary of decision • Don’t cite or quote because not authoredby the Court • Prepared by publisher

Sources of Confusion (cont.) • Headnotes — summary of decision • Don’t cite or quote because not authored by Court • Prepared by publisher

Remember the Dirty Little Secret • It may not be necessary to read the entire opinion to decide whether a case is relevant • Go to specifically cited text and read it in context first • If relevant, then read the parts of the case pertinent to examiners

Precedent • A decision of a tribunal, considered to furnish a rule of law for future cases with identical or similar facts • Must be followed if “directly on point”

Two Components of Precedent • Level of Tribunal Issuing Decision • Form of Decision Issued by the Tribunal

Level of Tribunal Issuing Decision • Supreme Court • Highest court • Appellate Courts • Reviewing court (2nd level) • District Court • Trial court (1st level) • BPAI Supreme Court Appellate Courts District Courts BPAI

Form of Decision • Tribunal can issue a decision as: • Binding • Not Binding

Binding v. Non-Binding Decisions • Binding • Precedential (Court and BPAI) • Decision will add to body of law • All lower tribunals must follow • Not Binding • Non-precedential (Court and BPAI) • Decision will not add to body of law • Binds only the parties • Informative (BPAI only) • Helps clarify the law • Binds only the parties • Other (BPAI only) • Binds only the parties

What Decisions Are Binding on Examiners? • Technically, all binding decisions issued by the BPAI and courts • However, examiners are to follow the cases cited in the MPEP or those endorsed by Patent Policy • If a decision is new or not discussed in the MPEP, consult SPE before citing • Why? The Office has to interpret a decision before applying it to examination, e.g., KSR v. Teleflex

How To Know Form of Decision?(Examples) • Decision will indicate the disposition

How To Know Form of Decision?(Examples)

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How to Present a Case Study like a Pro (With Examples)

By Danesh Ramuthi , Sep 07, 2023

Okay, let’s get real: case studies can be kinda snooze-worthy. But guess what? They don’t have to be!

In this article, I will cover every element that transforms a mere report into a compelling case study, from selecting the right metrics to using persuasive narrative techniques.

And if you’re feeling a little lost, don’t worry! There are cool tools like Venngage’s Case Study Creator to help you whip up something awesome, even if you’re short on time. Plus, the pre-designed case study templates are like instant polish because let’s be honest, everyone loves a shortcut.

Click to jump ahead: 

What is a case study presentation?

What is the purpose of presenting a case study, how to structure a case study presentation, how long should a case study presentation be, 5 case study presentation examples with templates, 6 tips for delivering an effective case study presentation, 5 common mistakes to avoid in a case study presentation, how to present a case study faqs.

A case study presentation involves a comprehensive examination of a specific subject, which could range from an individual, group, location, event, organization or phenomenon.

They’re like puzzles you get to solve with the audience, all while making you think outside the box.

Unlike a basic report or whitepaper, the purpose of a case study presentation is to stimulate critical thinking among the viewers. 

The primary objective of a case study is to provide an extensive and profound comprehension of the chosen topic. You don’t just throw numbers at your audience. You use examples and real-life cases to make you think and see things from different angles.

The primary purpose of presenting a case study is to offer a comprehensive, evidence-based argument that informs, persuades and engages your audience.

Here’s the juicy part: presenting that case study can be your secret weapon. Whether you’re pitching a groundbreaking idea to a room full of suits or trying to impress your professor with your A-game, a well-crafted case study can be the magic dust that sprinkles brilliance over your words.

Think of it like digging into a puzzle you can’t quite crack . A case study lets you explore every piece, turn it over and see how it fits together. This close-up look helps you understand the whole picture, not just a blurry snapshot.

It’s also your chance to showcase how you analyze things, step by step, until you reach a conclusion. It’s all about being open and honest about how you got there.

Besides, presenting a case study gives you an opportunity to connect data and real-world scenarios in a compelling narrative. It helps to make your argument more relatable and accessible, increasing its impact on your audience.

One of the contexts where case studies can be very helpful is during the job interview. In some job interviews, you as candidates may be asked to present a case study as part of the selection process.

Having a case study presentation prepared allows the candidate to demonstrate their ability to understand complex issues, formulate strategies and communicate their ideas effectively.

The way you present a case study can make all the difference in how it’s received. A well-structured presentation not only holds the attention of your audience but also ensures that your key points are communicated clearly and effectively.

In this section, let’s go through the key steps that’ll help you structure your case study presentation for maximum impact.

Let’s get into it. 

Open with an introductory overview 

Start by introducing the subject of your case study and its relevance. Explain why this case study is important and who would benefit from the insights gained. This is your opportunity to grab your audience’s attention.

Explain the problem in question

Dive into the problem or challenge that the case study focuses on. Provide enough background information for the audience to understand the issue. If possible, quantify the problem using data or metrics to show the magnitude or severity.

Detail the solutions to solve the problem

After outlining the problem, describe the steps taken to find a solution. This could include the methodology, any experiments or tests performed and the options that were considered. Make sure to elaborate on why the final solution was chosen over the others.

Key stakeholders Involved

Talk about the individuals, groups or organizations that were directly impacted by or involved in the problem and its solution. 

Stakeholders may experience a range of outcomes—some may benefit, while others could face setbacks.

For example, in a business transformation case study, employees could face job relocations or changes in work culture, while shareholders might be looking at potential gains or losses.

Discuss the key results & outcomes

Discuss the results of implementing the solution. Use data and metrics to back up your statements. Did the solution meet its objectives? What impact did it have on the stakeholders? Be honest about any setbacks or areas for improvement as well.

Include visuals to support your analysis

Visual aids can be incredibly effective in helping your audience grasp complex issues. Utilize charts, graphs, images or video clips to supplement your points. Make sure to explain each visual and how it contributes to your overall argument.

Pie charts illustrate the proportion of different components within a whole, useful for visualizing market share, budget allocation or user demographics.

This is particularly useful especially if you’re displaying survey results in your case study presentation.

Stacked charts on the other hand are perfect for visualizing composition and trends. This is great for analyzing things like customer demographics, product breakdowns or budget allocation in your case study.

Consider this example of a stacked bar chart template. It provides a straightforward summary of the top-selling cake flavors across various locations, offering a quick and comprehensive view of the data.

Not the chart you’re looking for? Browse Venngage’s gallery of chart templates to find the perfect one that’ll captivate your audience and level up your data storytelling.

Recommendations and next steps

Wrap up by providing recommendations based on the case study findings. Outline the next steps that stakeholders should take to either expand on the success of the project or address any remaining challenges.

Acknowledgments and references

Thank the people who contributed to the case study and helped in the problem-solving process. Cite any external resources, reports or data sets that contributed to your analysis.

Feedback & Q&A session

Open the floor for questions and feedback from your audience. This allows for further discussion and can provide additional insights that may not have been considered previously.

Closing remarks

Conclude the presentation by summarizing the key points and emphasizing the takeaways. Thank your audience for their time and participation and express your willingness to engage in further discussions or collaborations on the subject.

Well, the length of a case study presentation can vary depending on the complexity of the topic and the needs of your audience. However, a typical business or academic presentation often lasts between 15 to 30 minutes. 

This time frame usually allows for a thorough explanation of the case while maintaining audience engagement. However, always consider leaving a few minutes at the end for a Q&A session to address any questions or clarify points made during the presentation.

When it comes to presenting a compelling case study, having a well-structured template can be a game-changer. 

It helps you organize your thoughts, data and findings in a coherent and visually pleasing manner. 

Not all case studies are created equal and different scenarios require distinct approaches for maximum impact. 

To save you time and effort, I have curated a list of 5 versatile case study presentation templates, each designed for specific needs and audiences. 

Here are some best case study presentation examples that showcase effective strategies for engaging your audience and conveying complex information clearly.

1 . Lab report case study template

Ever feel like your research gets lost in a world of endless numbers and jargon? Lab case studies are your way out!

Think of it as building a bridge between your cool experiment and everyone else. It’s more than just reporting results – it’s explaining the “why” and “how” in a way that grabs attention and makes sense.

This lap report template acts as a blueprint for your report, guiding you through each essential section (introduction, methods, results, etc.) in a logical order.

Want to present your research like a pro? Browse our research presentation template gallery for creative inspiration!

2. Product case study template

It’s time you ditch those boring slideshows and bullet points because I’ve got a better way to win over clients: product case study templates.

Instead of just listing features and benefits, you get to create a clear and concise story that shows potential clients exactly what your product can do for them. It’s like painting a picture they can easily visualize, helping them understand the value your product brings to the table.

Grab the template below, fill in the details, and watch as your product’s impact comes to life!

3. Content marketing case study template

In digital marketing, showcasing your accomplishments is as vital as achieving them. 

A well-crafted case study not only acts as a testament to your successes but can also serve as an instructional tool for others. 

With this coral content marketing case study template—a perfect blend of vibrant design and structured documentation, you can narrate your marketing triumphs effectively.

4. Case study psychology template

Understanding how people tick is one of psychology’s biggest quests and case studies are like magnifying glasses for the mind. They offer in-depth looks at real-life behaviors, emotions and thought processes, revealing fascinating insights into what makes us human.

Writing a top-notch case study, though, can be a challenge. It requires careful organization, clear presentation and meticulous attention to detail. That’s where a good case study psychology template comes in handy.

Think of it as a helpful guide, taking care of formatting and structure while you focus on the juicy content. No more wrestling with layouts or margins – just pour your research magic into crafting a compelling narrative.

5. Lead generation case study template

Lead generation can be a real head-scratcher. But here’s a little help: a lead generation case study.

Think of it like a friendly handshake and a confident resume all rolled into one. It’s your chance to showcase your expertise, share real-world successes and offer valuable insights. Potential clients get to see your track record, understand your approach and decide if you’re the right fit.

No need to start from scratch, though. This lead generation case study template guides you step-by-step through crafting a clear, compelling narrative that highlights your wins and offers actionable tips for others. Fill in the gaps with your specific data and strategies, and voilà! You’ve got a powerful tool to attract new customers.

Related: 15+ Professional Case Study Examples [Design Tips + Templates]

So, you’ve spent hours crafting the perfect case study and are now tasked with presenting it. Crafting the case study is only half the battle; delivering it effectively is equally important. 

Whether you’re facing a room of executives, academics or potential clients, how you present your findings can make a significant difference in how your work is received. 

Forget boring reports and snooze-inducing presentations! Let’s make your case study sing. Here are some key pointers to turn information into an engaging and persuasive performance:

• Know your audience : Tailor your presentation to the knowledge level and interests of your audience. Remember to use language and examples that resonate with them.
• Rehearse : Rehearsing your case study presentation is the key to a smooth delivery and for ensuring that you stay within the allotted time. Practice helps you fine-tune your pacing, hone your speaking skills with good word pronunciations and become comfortable with the material, leading to a more confident, conversational and effective presentation.
• Start strong : Open with a compelling introduction that grabs your audience’s attention. You might want to use an interesting statistic, a provocative question or a brief story that sets the stage for your case study.
• Be clear and concise : Avoid jargon and overly complex sentences. Get to the point quickly and stay focused on your objectives.
• Use visual aids : Incorporate slides with graphics, charts or videos to supplement your verbal presentation. Make sure they are easy to read and understand.
• Tell a story : Use storytelling techniques to make the case study more engaging. A well-told narrative can help you make complex data more relatable and easier to digest.

Ditching the dry reports and slide decks? Venngage’s case study templates let you wow customers with your solutions and gain insights to improve your business plan. Pre-built templates, visual magic and customer captivation – all just a click away. Go tell your story and watch them say “wow!”

Nailed your case study, but want to make your presentation even stronger? Avoid these common mistakes to ensure your audience gets the most out of it:

Overloading with information

A case study is not an encyclopedia. Overloading your presentation with excessive data, text or jargon can make it cumbersome and difficult for the audience to digest the key points. Stick to what’s essential and impactful. Need help making your data clear and impactful? Our data presentation templates can help! Find clear and engaging visuals to showcase your findings.

Lack of structure

Jumping haphazardly between points or topics can confuse your audience. A well-structured presentation, with a logical flow from introduction to conclusion, is crucial for effective communication.

Ignoring the audience

Different audiences have different needs and levels of understanding. Failing to adapt your presentation to your audience can result in a disconnect and a less impactful presentation.

Poor visual elements

While content is king, poor design or lack of visual elements can make your case study dull or hard to follow. Make sure you use high-quality images, graphs and other visual aids to support your narrative.

Not focusing on results

A case study aims to showcase a problem and its solution, but what most people care about are the results. Failing to highlight or adequately explain the outcomes can make your presentation fall flat.

How to start a case study presentation?

Starting a case study presentation effectively involves a few key steps:

• Grab attention : Open with a hook—an intriguing statistic, a provocative question or a compelling visual—to engage your audience from the get-go.
• Set the stage : Briefly introduce the subject, context and relevance of the case study to give your audience an idea of what to expect.
• Outline objectives : Clearly state what the case study aims to achieve. Are you solving a problem, proving a point or showcasing a success?
• Agenda : Give a quick outline of the key sections or topics you’ll cover to help the audience follow along.
• Set expectations : Let your audience know what you want them to take away from the presentation, whether it’s knowledge, inspiration or a call to action.

How to present a case study on PowerPoint and on Google Slides?

Presenting a case study on PowerPoint and Google Slides involves a structured approach for clarity and impact using presentation slides :

• Title slide : Start with a title slide that includes the name of the case study, your name and any relevant institutional affiliations.
• Introduction : Follow with a slide that outlines the problem or situation your case study addresses. Include a hook to engage the audience.
• Objectives : Clearly state the goals of the case study in a dedicated slide.
• Findings : Use charts, graphs and bullet points to present your findings succinctly.
• Analysis : Discuss what the findings mean, drawing on supporting data or secondary research as necessary.
• Conclusion : Summarize key takeaways and results.
• Q&A : End with a slide inviting questions from the audience.

What’s the role of analysis in a case study presentation?

The role of analysis in a case study presentation is to interpret the data and findings, providing context and meaning to them. 

It helps your audience understand the implications of the case study, connects the dots between the problem and the solution and may offer recommendations for future action.

Is it important to include real data and results in the presentation?

Yes, including real data and results in a case study presentation is crucial to show experience,  credibility and impact. Authentic data lends weight to your findings and conclusions, enabling the audience to trust your analysis and take your recommendations more seriously

How do I conclude a case study presentation effectively?

To conclude a case study presentation effectively, summarize the key findings, insights and recommendations in a clear and concise manner. 

End with a strong call-to-action or a thought-provoking question to leave a lasting impression on your audience.

What’s the best way to showcase data in a case study presentation ?

The best way to showcase data in a case study presentation is through visual aids like charts, graphs and infographics which make complex information easily digestible, engaging and creative. 

Don’t just report results, visualize them! This template for example lets you transform your social media case study into a captivating infographic that sparks conversation.

Choose the type of visual that best represents the data you’re showing; for example, use bar charts for comparisons or pie charts for parts of a whole. 

Ensure that the visuals are high-quality and clearly labeled, so the audience can quickly grasp the key points. 

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Reproductive rights in America

What's at stake as the supreme court hears idaho case about abortion in emergencies.

Selena Simmons-Duffin

The Supreme Court will hear another case about abortion rights on Wednesday. Protestors gathered outside the court last month when the case before the justices involved abortion pills. Tom Brenner for The Washington Post/Getty Images hide caption

The Supreme Court will hear another case about abortion rights on Wednesday. Protestors gathered outside the court last month when the case before the justices involved abortion pills.

In Idaho, when a pregnant patient has complications, abortion is only legal to prevent the woman's death. But a federal law known as EMTALA requires doctors to provide "stabilizing treatment" to patients in the emergency department.

The Biden administration sees that as a direct conflict, which is why the abortion issue is back – yet again – before the Supreme Court on Wednesday.

The case began just a few weeks after the justices overturned Roe v. Wade in 2022, when the federal Justice Department sued Idaho , arguing that the court should declare that "Idaho's law is invalid" when it comes to emergency abortions because the federal emergency care law preempts the state's abortion ban. So far, a district court agreed with the Biden administration, an appeals court panel agreed with Idaho, and the Supreme Court allowed the strict ban to take effect in January when it agreed to hear the case.

Supreme Court allows Idaho abortion ban to be enacted, first such ruling since Dobbs

The case, known as Moyle v. United States (Mike Moyle is the speaker of the Idaho House), has major implications on everything from what emergency care is available in states with abortion bans to how hospitals operate in Idaho. Here's a summary of what's at stake.

1. Idaho physicians warn patients are being harmed

Under Idaho's abortion law , the medical exception only applies when a doctor judges that "the abortion was necessary to prevent the death of the pregnant woman." (There is also an exception to the Idaho abortion ban in cases of rape or incest, only in the first trimester of the pregnancy, if the person files a police report.)

In a filing with the court , a group of 678 physicians in Idaho described cases in which women facing serious pregnancy complications were either sent home from the hospital or had to be transferred out of state for care. "It's been just a few months now that Idaho's law has been in effect – six patients with medical emergencies have already been transferred out of state for [pregnancy] termination," Dr. Jim Souza, chief physician executive of St. Luke's Health System in Idaho, told reporters on a press call last week.

Those delays and transfers can have consequences. For example, Dr. Emily Corrigan described a patient in court filings whose water broke too early, which put her at risk of infection. After two weeks of being dismissed while trying to get care, the patient went to Corrigan's hospital – by that time, she showed signs of infection and had lost so much blood she needed a transfusion. Corrigan added that without receiving an abortion, the patient could have needed a limb amputation or a hysterectomy – in other words, even if she didn't die, she could have faced life-long consequences to her health.

Attorneys for Idaho defend its abortion law, arguing that "every circumstance described by the administration's declarations involved life-threatening circumstances under which Idaho law would allow an abortion."

Ryan Bangert, senior attorney for the Christian legal powerhouse Alliance Defending Freedom, which is providing pro-bono assistance to the state of Idaho, says that "Idaho law does allow for physicians to make those difficult decisions when it's necessary to perform an abortion to save the life of the mother," without waiting for patients to become sicker and sicker.

Still, Dr. Sara Thomson, an OB-GYN in Boise, says difficult calls in the hospital are not hypothetical or even rare. "In my group, we're seeing this happen about every month or every other month where this state law complicates our care," she says. Four patients have sued the state in a separate case arguing that the narrow medical exception harmed them.

"As far as we know, we haven't had a woman die as a consequence of this law, but that is really on the top of our worry list of things that could happen because we know that if we watch as death is approaching and we don't intervene quickly enough, when we decide finally that we're going to intervene to save her life, it may be too late," she says.

2. Hospitals are closing units and struggling to recruit doctors

Labor and delivery departments are expensive for hospitals to operate. Idaho already had a shortage of providers, including OB-GYNS. Hospital administrators now say the Idaho abortion law has led to an exodus of maternal care providers from the state, which has a population of 2 million people.

Three rural hospitals in Idaho have closed their labor-and-delivery units since the abortion law took effect. "We are seeing the expansion of what's called obstetrical deserts here in Idaho," said Brian Whitlock, president and CEO of the Idaho Hospital Association.

Since Idaho's abortion law took effect, nearly one in four OB-GYNs have left the state or retired, according to a report from the Idaho Physician Well-Being Action Collaborative. The report finds the loss of doctors who specialize in high-risk pregnancies is even more extreme – five of nine full time maternal-fetal medicine specialists have left Idaho.

Administrators say they aren't able to recruit new providers to fill those positions. "Since [the abortion law's] enactment, St. Luke's has had markedly fewer applicants for open physician positions, particularly in obstetrics. And several out-of-state candidates have withdrawn their applications upon learning of the challenges of practicing in Idaho, citing [the law's] enactment and fear of criminal penalties," reads an amicus brief from St. Luke's health system in support of the federal government.

"Prior to the abortion decision, we already ranked 50th in number of physicians per capita – we were already a strained state," says Thomson, the doctor in Boise. She's experienced the loss of OB-GYN colleagues first hand. "I had a partner retire right as the laws were changing and her position has remained open – unfilled now for almost two years – so my own personal group has been short-staffed," she says.

ADF's Bangert says he's skeptical of the assertion that the abortion law is responsible for this exodus of doctors from Idaho. "I would be very surprised if Idaho's abortion law is the sole or singular cause of any physician shortage," he says. "I'm very suspicious of any claims of causality."

3. Justices could weigh in on fetal "personhood"

The state of Idaho's brief argues that EMTALA actually requires hospitals "to protect and care for an 'unborn child,'" an argument echoed in friend-of-the-court briefs from the U.S. Conference of Catholic Bishops and a group of states from Indiana to Wyoming that also have restrictive abortion laws. They argue that abortion can't be seen as a stabilizing treatment if one patient dies as a result.

Thomson is also Catholic, and she says the idea that, in an emergency, she is treating two patients – the fetus and the mother – doesn't account for clinical reality. "Of course, as obstetricians we have a passion for caring for both the mother and the baby, but there are clinical situations where the mom's health or life is in jeopardy, and no matter what we do, the baby is going to be lost," she says.

The Idaho abortion law uses the term "unborn child" as opposed to the words "embryo" or "fetus" – language that implies the fetus has the same rights as other people.

Shots - Health News

The science of ivf: what to know about alabama's 'extrauterine children' ruling.

Mary Ziegler , a legal historian at University of California - Davis, who is writing a book on fetal personhood, describes it as the "North Star" of the anti-abortion rights movement. She says this case will be the first time the Supreme Court justices will be considering a statute that uses that language.

"I think we may get clues about the future of bigger conflicts about fetal personhood," she explains, depending on how the justices respond to this idea. "Not just in the context of this statute or emergency medical scenarios, but in the context of the Constitution."

ADF has dismissed the idea that this case is an attempt to expand fetal rights. "This case is, at root, a question about whether or not the federal government can affect a hostile takeover of the practice of medicine in all 50 states by misinterpreting a long-standing federal statute to contain a hidden nationwide abortion mandate," Bangert says.

4. The election looms large

Ziegler suspects the justices will allow Idaho's abortion law to remain as is. "The Supreme Court has let Idaho's law go into effect, which suggests that the court is not convinced by the Biden administration's arguments, at least at this point," she notes.

Trump backed a federal abortion ban as president. Now, he says he wouldn't sign one

Whatever the decision, it will put abortion squarely back in the national spotlight a few months before the November election. "It's a reminder on the political side of things, that Biden and Trump don't really control the terms of the debate on this very important issue," Zielger observes. "They're going to be things put on everybody's radar by other actors, including the Supreme Court."

The justices will hear arguments in the case on Wednesday morning. A decision is expected by late June or early July.

Correction April 23, 2024

An earlier version of this story did not mention the rape and incest exception to Idaho's abortion ban. A person who reports rape or incest to police can end a pregnancy in Idaho in the first trimester.

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Supreme Court Appears Sharply Divided in Emergency Abortion Case

The justices weighed whether a federal law aimed at protecting access to emergency medical care superseded Idaho’s near-total abortion ban.

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By Abbie VanSickle

Reporting from Washington

• April 24, 2024

The Supreme Court appeared sharply divided on Wednesday over whether federal law should allow doctors to perform emergency abortions in states with near-total bans on the procedure, in a case that could determine access to abortion in emergency rooms across the country.

The lively, two-hour argument focused on a clash between Idaho, whose law limits access to abortion unless the life of the pregnant woman is in danger, and federal law. Questioning by the justices suggested a divide along ideological — and possibly gender — lines.

“What Idaho is doing is waiting for women to wait and deteriorate and suffer the lifelong health consequences with no possible upside for the fetus,” said Solicitor General Elizabeth B. Prelogar, arguing on behalf of the federal government. “It just stacks tragedy upon tragedy.”

Justice Elena Kagan interjected that the current situation seemed untenable: “It can’t be the right standard of care to force somebody onto a helicopter.”

Although the collision between the two laws affects only those women who face dire medical complications during pregnancy, a broad decision could have implications for more than a dozen states that have enacted near-total bans on abortion since the court overturned a constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization in June 2022.

The dispute was the second time in less than a month that the Supreme Court has grappled with abortion. It is a potent reminder that even after Justice Samuel A. Alito Jr. vowed in 2022 that the issue would return to elected representatives, it continues to make its way back to the court. In late March, the justices considered the availability of the abortion pill mifepristone.

The federal law at issue, the Emergency Medical Treatment and Labor Act, or EMTALA, enacted by Congress in 1986, mandates that hospitals receiving federal funds provide patients with stabilizing care.

Under Idaho’s near-total ban on abortion, the procedure is illegal except in cases of incest, rape, some instances of nonviable pregnancies or when it is “necessary to prevent the death of the pregnant woman.” Doctors who perform abortions could face criminal penalties, prison time and loss of their licenses to practice medicine.

The Biden administration maintains that the federal law conflicts with — and should override — Idaho’s. Lawyers for the state contend that the administration has improperly interpreted the federal law in a way that would bypass state bans.

Abortion opponents assert the Biden administration is trying to use the federal law to turn hospitals into legal abortion sites in states where the procedure is mostly banned.

Several of the conservative justices appeared skeptical of the federal government’s argument that the decades-old law aimed at preventing “patient dumping” — hospitals refusing to treat the poor and uninsured — should override Idaho’s abortion restrictions.

“How can you impose restrictions on what Idaho can criminalize simply because hospitals in Idaho have chosen to participate in Medicare?” Justice Alito asked.

The three liberal justices pushed back strongly on the lawyer arguing for Idaho, Joshua N. Turner, broaching several examples of pregnant women facing severe complications that could leave them unable to have children or with debilitating injuries. They also cited recent reports that, since Idaho’s ban went into effect, hospitals have flown several women to other states to receive emergency abortion care. Justice Amy Coney Barrett, a conservative, joined the tough questioning.

Justice Sonia Sotomayor appeared skeptical of Mr. Turner’s argument that the state’s law allows for doctors to make a good-faith determination about whether a patient’s life is in danger, describing a patient whose water broke early and required a hysterectomy and abortion.

“She can no longer have children,” Justice Sotomayor said. “All right? You’re telling me the doctor there couldn’t have done the abortion earlier?”

“Again, it goes back to whether a doctor can in good-faith medical judgment —” Mr. Turner began.

“That’s a lot for the doctor to risk,” Justice Sotomayor replied.

Justice Barrett asked what would happen if a local prosecutor did not agree with a doctor’s judgment that an abortion was necessary.

When Mr. Turner answered that “it is very case by case,” Justice Barrett joined in: “I’m kind of shocked actually because I thought your own expert had said below that these kinds of cases were covered,” she said.

Even as Mr. Turner responded that such cases would be covered if a doctor acted in good faith, Justice Barrett continued to probe.

“What if the prosecutor thought differently?” she asked. “What if the prosecutor thought, well, I don’t think any good-faith doctor could draw that conclusion.”

“That, your honor, is the nature of prosecutorial discretion, and it may result in a case,” Mr. Turner said.

An extended exchange between Justice Alito and Ms. Prelogar raised a broader question about whether some of the conservative justices may be prepared to embrace the language of fetal personhood, that is, the notion that a fetus would have the same rights as a pregnant woman.

Justice Alito, who had relied on the language of fetal personhood in writing the court’s majority opinion in Dobbs, noted that “one potentially very important phrase” had not been mentioned — the federal law's “reference to the woman’s quote, unquote, unborn child.”

“Isn’t that an odd phrase to put in a statute that imposes a mandate to perform abortions?” Justice Alito asked. “Have you ever seen an abortion statute that uses the phrase ‘unborn child?’”

Ms. Prelogar responded that it made sense in terms of that federal law because it was an attempt to ensure that hospitals treated both a pregnant woman and the fetus in an emergency medical situation.

The Biden administration has relied on EMTALA as a narrow way to challenge state-level abortion bans.

After the court overturned a constitutional right to an abortion, near-total bans on the procedure swiftly took effect in some states, including in Idaho .

Once the Republican-controlled Legislature in the state passed the Defense of Life Act, which makes it a crime to perform or assist in performing an abortion, the Biden administration sued the state in August 2022, arguing that federal law should trump the state law when the two directly conflict.

The federal law specifies that a hospital must provide care to a person with an “emergency medical condition.” For pregnant women, the law states, that means when “the absence of immediate medical attention could reasonably be expected” to jeopardize “the health of the woman or her unborn child.”

If a hospital breaks the federal law, it can be sued and potentially lose Medicare funding. The federal law also includes a provision that it will not pre-empt a state or local law unless “the requirement directly conflicts with” it.

But the state law imposes a prison sentence of up to five years if it is violated and can lead to the loss of a doctor’s medical license.

A federal trial judge temporarily blocked the state’s ban. Last fall, a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit put the ruling on hold and reinstated the ban. But that decision was ultimately overridden by an 11-member panel of the appeals court, which temporarily blocked Idaho’s law as the appeal continued.

Outside the Supreme Court on Wednesday, demonstrators gathered at competing rallies.

Mylissa Farmer, 43, who said she was denied an abortion in Missouri and Kansas after her water broke at 17 weeks, spoke in support of the federal law’s protections.

“I just don’t want anyone else to go through what I did,” Ms. Farmer said. “That’s why I’m speaking out, because it’s so wrong, and I don’t see any kind of light.”

Just steps away, about a dozen anti-abortion demonstrators raised signs that read “Abortion betrays women” and “Emergency rooms are not abortion clinics.”

“What this law would do is it essentially make our hospitals and emergency rooms abortion clinics,” Bethany Janzen, 30, the founder of an anti-abortion group, said of the federal law. “And that’s a problem.”

Aishvarya Kavi contributed reporting.

Abbie VanSickle covers the United States Supreme Court for The Times. She is a lawyer and has an extensive background in investigative reporting. More about Abbie VanSickle

Conservative justices skeptical federal law requires emergency room abortions

Conservative Supreme Court justices expressed skepticism Wednesday that federal law can require hospitals to provide emergency abortion care in states with strict bans on the procedure, marking the latest legal battle over abortion access since the high court overturned Roe v. Wade nearly two years ago.

The sharply divided court appeared to split largely along ideological lines with only the three liberals strongly backing the Biden administration’s view that a 40-year-old emergency-care law conflicts with a strict state ban in Idaho, which imposes penalties of up to five years in prison on doctors who perform the procedure.

At issue is the Emergency Medical Treatment and Labor Act, which requires hospitals receiving federal funds to provide urgent care for all patients, regardless of their ability to pay. The Biden administration invoked the statute known as EMTALA after the Supreme Court eliminated the nationwide right to abortion in 2022.

The effort was seen as one of the few ways the administration could try to preserve emergency access to abortion, which remains a galvanizing and divisive issue in the lead-up to the 2024 presidential election. More than half of voters have said they believe this year’s national and state races will have a “major impact” on abortion access, with respondents more likely to trust Democrats rather than Republicans to handle the issue, according to polling conducted last month by KFF, a nonpartisan health research organization.

The justices will also decide this term whether to limit access to the widely used abortion medication mifepristone , approved more than 20 years ago by the Food and Drug Administration.

Throughout two hours of argument Wednesday, the liberal justices, who are all women, repeatedly highlighted the severe consequences that abortion bans have had on reproductive health in the United States. They pointed to harrowing examples of pregnant women facing health emergencies short of death, and the justices suggested those women would not be permitted to obtain an abortion under Idaho’s law. Justice Elena Kagan noted that pregnant women in need of emergency abortion care in Idaho were being transferred out of state for treatment.

“It’s become ‘transfer’ is the appropriate standard of care in Idaho, but it can’t be the right standard of care to force somebody onto a helicopter,” Kagan said.

Conservative justices, who make up the court majority, pushed back on the Biden administration’s interpretation of the statute and indicated that the federal government cannot force private hospitals that receive federal funds to violate a state law.

Justice Neil M. Gorsuch expressed concern about the scope of the federal government’s assertion and asked whether it could effectively transform “the regulation of medicine into a federal function” by attaching certain conditions to its funding of hospitals nationwide. Both Gorsuch and Justice Samuel A. Alito Jr. drew attention to the fact that the EMTALA statute does not mention abortion but includes the term “unborn child” when defining what constitutes a patient.

“Isn’t that an odd phrase to put in a statute that imposes a mandate to perform abortions? Have you ever seen an abortion statute that uses the phrase ‘unborn child?’” Alito asked Solicitor General Elizabeth B. Prelogar. “It seems the plain meaning is that the hospital must try to eliminate any immediate threat to the child.”

Prelogar said Congress added the language to expand protections for pregnant women to include treating conditions that specifically threaten the health and well-being of the unborn child — not to exclude protecting the women.

It was less clear based on their questions how three of the justices — Chief Justice John G. Roberts Jr. and Justices Brett M. Kavanaugh and Amy Coney Barrett, who are often in the middle on the bench with a 6-3 conservative majority — would resolve the case, which will be decided before the end of the term in late June or early July.

At one point, Barrett expressed frustration with Idaho’s attorney, suggesting he was “hedging” when he asserted that state law allows doctors to use their medical judgment and in “good faith” to determine whether a lifesaving abortion is permitted.

Barrett suggested the Idaho attorney’s answers to Justice Sonia Sotomayor’s hypotheticals, which were about whether state law would allow an abortion to address certain threatening conditions short of death, were at odds with representations in his written filings.

“I’m kind of shocked, actually, because I thought your own expert had said below that these kinds of cases were covered — and you’re now saying they’re not?” Barrett asked, referring to the examples of threats to a pregnant woman’s health.

Idaho’s lawyer, Joshua Turner, in response said the law allows doctors to exercise their medical judgment to determine if an abortion is necessary.

Turner later emphasized that state law “does not require that doctors wait until a patient is on the verge of death” to provide care.

But Barrett and Roberts pressed the state’s lawyer about whether prosecutors or other state officials could second-guess a doctor’s determination.

“What happens if a dispute arises with respect to whether or not the doctor was within the confines of Idaho law or wasn’t? Exactly how is that evaluated?” Roberts asked. Turner said that doctors are overseen by medical boards officials and that prosecutors have discretion when deciding to take action.

Idaho was one of several states to pass a “trigger” law before the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization , with the expectation that it would automatically take effect if the high court overturned Roe . The Idaho law bans almost all abortions and imposes penalties of up to five years in prison on doctors who perform the procedure, with an exception of when “necessary to prevent the death of a pregnant woman.”

The administration sued Idaho in August 2022, saying that the state’s restrictions are preempted by the federal law and that strict state bans have confused health workers, confounded patients and led to delays in lifesaving care for pregnant women.

Prelogar emphasized the distinction between the state law that permits abortion only when a person woman is at risk of death and the care federal law requires when a pregnant woman has a serious medical condition.

“ In Idaho, doctors have to shut their eyes to everything except death,” Prelogar said. “Whereas under EMTALA, you’re supposed to be thinking about things like, ‘Is she about to lose her fertility? Is her uterus going to become incredibly scarred because of the bleeding? Is she about to undergo the possibility of kidney failure?’”

Conservatives counter that the White House is stretching a law that makes no mention of the procedure so it can justify abortion access. The text of the statute requires hospitals to offer “any individual” with an emergency medical condition “such treatment as may be required to stabilize the medical condition.”

Turner, Idaho’s acting solicitor general, said the federal statute does not permit emergency room doctors to ignore state abortion restrictions. Just as individual states have different rules for dispensing opioids to manage pain, he said, doctors are required to abide by state medical regulations.

“Illegal treatments are not available treatments,” Turner said.

Since Roe was overturned, dozens of stories have emerged of women with high-risk pregnancy complications being turned away from hospitals in states with abortion bans. While all of the bans include some kind of medical exception for the life or health of the pregnant mother, the language is often vague, leaving doctors unsure of whether they can legally provide an abortion. In many states, the penalty for violating an abortion ban is at least several years in prison. Six other states have restrictions similar to those in Idaho’s law and do not include a health exception, Prelogar told the court Wednesday.

In 2022, officials at the Centers for Medicare and Medicaid Services issued guidance to hospitals receiving Medicare funds that emergency room doctors must terminate pregnancies in some circumstances, even if a state’s law bars the procedure. Hospitals that do not comply face penalties of up to $120,000 per violation.

Experts have warned that if the Supreme Court rules against the Biden administration, states could be empowered to pick and choose how to apply the federal emergency-care law well beyond abortion.

Lower courts have issued conflicting decisions. A district judge in August 2022 sided with the Biden administration and temporarily blocked the contested provision of the Idaho law . The judge left the state’s ban on most abortions in place but said that because of the obligation of hospitals under conflicting federal law, a doctor cannot be punished for performing an abortion to protect a patient’s health.

Then a three-judge panel of the U.S. Court of Appeals for the 9th Circuit allowed the state to enforce the law — before a full complement of judges on the same appeals court again blocked Idaho’s ability to punish emergency room doctors while the appeals continued.

In January, the Supreme Court agreed to take the case, Idaho v. United States , in response to Idaho’s emergency request and allowed the law to take effect while litigation continued.

In a separate case in Texas, the conservative U.S. Court of Appeals for the 5th Circuit ruled against the Biden administration, saying state hospitals and doctors are not obligated to perform abortions under the federal emergency-care law.

Kim Bellware, Dan Diamond and Perry Stein contributed to this report.

U.S. abortion access, reproductive rights

Tracking abortion access in the United States: Since the Supreme Court struck down Roe v. Wade , the legality of abortion has been left to individual states. The Washington Post is tracking states where abortion is legal, banned or under threat.

Abortion and the election: Voters in about a dozen states could decide the fate of abortion rights with constitutional amendments on the ballot in a pivotal election year. Biden supports legal access to abortion , and he has encouraged Congress to pass a law that would codify abortion rights nationwide. After months of mixed signals about his position, Trump said the issue should be left to states . Here’s how Trump’s abortion stance has shifted over the years.

New study: The number of women using abortion pills to end their pregnancies on their own without the direct involvement of a U.S.-based medical provider rose sharply in the months after the Supreme Court eliminated a constitutional right to abortion , according to new research.

Abortion pills: The Supreme Court seemed unlikely to limit access to the abortion pill mifepristone . Here’s what’s at stake in the case and some key moments from oral arguments . For now, full access to mifepristone will remain in place . Here’s how mifepristone is used and where you can legally access the abortion pill .

• States where abortion is on the ballot in the 2024 election April 15, 2024 States where abortion is on the ballot in the 2024 election April 15, 2024
• States where abortion is legal, banned or under threat April 9, 2024 States where abortion is legal, banned or under threat April 9, 2024
• Inside the long-odds push to undo an abortion ban in ruby red Arkansas April 26, 2024 Inside the long-odds push to undo an abortion ban in ruby red Arkansas April 26, 2024

Old, unused, and 'twisty' — meet the obscure NY election-conspiracy law that just might get Trump convicted

• Hush-money prosecutors say their "entire case" rests on an obscure NY election conspiracy law.
• Attorneys specializing in state election law believe the statute has never been prosecuted.
• But two election law scholars said DA Alvin Bragg's novel strategy may well get Trump convicted.

At Donald Trump's hush money trial on Tuesday, a Manhattan prosecutor surprised law nerds in the audience by revealing that "the entire case" rests on a single section of New York's election law.

The statute is simple. It outlaws conspiring to promote or prevent someone's election through "unlawful means."

Trump is on trial for falsifying business records throughout his first year in office to hide an election-influencing hush-money payment to porn star Stormy Daniels .

Falsifying business records is a misdemeanor, but the charge becomes a felony — punishable by up to four years in prison — if the records were falsified with the intent to commit or hide some other underlying crime.

Now, Manhattan prosecutors now say an old, rarely used section of the state election law is their favorite on the menu of potential underlying crimes.

"As the court is aware, falsifying business records in the first degree requires an intent to commit or conceal another crime," prosecutor Joshua Steinglass told New York State Supreme Court Justice Juan Merchan on Tuesday.

"The primary crime that we have alleged is New York state election law section 17-152," Steinglass told the judge, lifting into prominence an arcane measure that had previously played only a supporting role in the case.

"There is conspiracy language in the statute," the prosecutor said, "The entire case is predicated on the idea that there was a conspiracy to influence the election in 2016."

Business Insider asked two veteran New York election-law attorneys — one a Republican, the other a Democrat — about the law, also known as "Conspiracy to promote or prevent election."

Neither one could recall a single time when it had been prosecuted.

"I've never heard of it actually being used, and I've practiced election law for 53 years," Brooklyn attorney and former Democratic NY state Sen. Martin Connor said of section 17-152.

"I would be shocked — really shocked — if you could find anybody who can give you an example where this section was prosecuted," agreed Joseph T. Burns, attorney for the Erie County Republican Committee in Buffalo, New York.

"I would be absolutely floored," Burns continued, "if you could find anyone prosecuting this in the last 40 years."

Two highly respected law professors specializing in New York election law said the same.

Neither could cite a time when 17-152 — a misdemeanor that's been on the state's election law books since at least the mid-1970s — had been used.

However, while the two attorneys were highly skeptical of the DA's newly focused strategy, the two election law professors told BI they were confident it would lead to a conviction.

Sure, 17-152 has never been used before, they said. But that doesn't mean it won't work now that the dust has been blown off.

"I think it's very smart of prosecutors to use this state law, whether it's been used before or not," said Jeffrey M. Wice, who teaches state election law at New York Law School.

Wice noted that two judges — Merchan and Judge Alvin K. Hellerstein, a Manhattan federal judge who rejected Trump's attempt to move the hush-money case to federal court — upheld the use of 17-152 in this case. 

"It's a solid statute and very straightforward," Wice said. "Just as we have to expect the unexpected from Donald Trump, we have to also expect the unexpected from prosecutors and the jury."

An underlying crime

Manhattan District Attorney Alvin Bragg first mentioned New York's election conspiracy law nearly a year ago in a May 2023 filing called a bill of particulars .

It was mentioned only in passing.

The underlying crimes — either committed or merely intended to be committed — that hoist Trump's falsifying business records up from misdemeanor to felony "may include violations of New York Election Law section 17-152," prosecutors wrote.

In the same bill of particulars, prosecutors said the underlying crime could also be an intent to violate state tax law because Trump's then-"fixer," Michael Cohen, paid Daniels $130,000 out of his own pocket. Trump hid the true nature of that outlay when he reimbursed Cohen through a series of monthly checks for "legal fees," money Cohen then claimed as income, prosecutors say.

As an alternative, the underlying crime could be an intent to violate federal election law, prosecutors said, under the theory that the hush-money payment was an illegally high campaign contribution.

Related stories

These same three "underlying crimes" — using state election law, federal election law, and state tax law — were again given equal prominence here in a February 15 decision by Merchan.

Only on Tuesday, when Steinglass spoke to the judge, did section 17-152 take its starring role.

Crimes, within crimes, within crimes

Connor, the former state senator and longtime election law practitioner, said there's a problem with letting 17-152 do the heavy lifting in the Trump indictment.

Falsifying business records requires proof of at least an attempt to commit an underlying crime to be a felony.

But what if that underlying crime is section 17-152 — conspiring to mess with an election through "unlawful means?"

Things will get "twisty," Connor said, when prosecutors try to show that Trump's falsified business records are felonies because of an underlying crime — 17-152 — that itself needs proof of a conspiracy to do something "unlawful."

"You're having an underlying crime within an underlying crime to get to that felony," Connor told BI.

"It's novel," he said with a laugh. "It's novel ," he repeated.

Section 17-152 needs its own underlying criminal conspiracy, he said.

"Two or more conspiring to elect or defeat a candidate — that's the definition of every political campaign," he joked. "It's only when you conspire to do it by unlawful means that you violate this law."

Having an election-conspiracy statute like 17-152 on the state election-law books makes little sense, he said.

"It would appear to cover something like three people getting together and saying, 'Let's break into our opponent's headquarters and destroy all his equipment,'" Connor said.

"Or, 'Let's firebomb the place.' There probably have been cases like that, but for that kind of illegal conduct, you would use the state penal code and charge arson or burglary, which are felonies," he added

"Because if you're only using this election law, you only have a misdemeanor."

Winning isn't as tricky as it sounds

What will prosecutors argue made Trump's 17-152 election conspiracy "unlawful?"

They've already cited three ways.

First, there's federal election law. Prosecutors have alleged that the conspiracy intended to violate the Federal Election Campaign Act, or FECA, which sets strict limits on contributions.

Trump conspired with Cohen and editors at the National Enquirer to bury Daniels' story of a 2006 one-night-stand — long denied by Trump — by paying her $130,000, prosecutors say. That money was an illegally high campaign expenditure, they say.

Second, Trump intended to violate state tax law when he disguised his repayment of Cohen as a series of monthly checks for "legal fees," prosecutors say.

And third, Trump conspired to falsify the records of the National Enquirer through a plan to "catch and kill" stories that could hurt his 2016 campaign, prosecutors allege.

Proof of an intent to violate any of these three laws would be sufficient to satisfy Section 17-152. And once you prove 17-152, you have the underlying crime you need to raise misdemeanor falsifying business records to a felony.

It's important to remember that Trump is only charged with 34 counts of this one crime: felony falsification of business records, said election-law scholar Jerry H. Goldfeder.

Trump is not charged with actually committing any of the underlying state and federal laws required to prove felony falsification.

So prosecutors have no legal obligation to prove he's guilty of any of these underlying laws, 17-152 included, said Goldfeder, senior counsel at Cozen O'Connor and author of Goldfeder's Modern Election Law.

"They only have to prove he intended to commit these underlying crimes," which is a far lower bar, said Goldfeder, who also directs the Fordham Law School Voting Rights and Democracy Project.

"I think it's a very viable case," he told BI.

"And the testimony so far demonstrates that Trump intended to pursue this catch-and-kill scheme and to falsify business records to cover it up — and did so to influence the election," he said.

"It's up to the jury of course," he added. "But the testimony so far is pretty clear." 

Watch: Donald Trump was indicted in New York. Here's what we know so far.

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Supreme Court wrestles with abortion clash over emergency room treatment for pregnant women

WASHINGTON — The Supreme Court appeared divided Wednesday as it grappled with whether provisions of Idaho's near-total abortion ban unlawfully conflict with a federal law aimed at ensuring certain standards for emergency medical care for patients, including pregnant women.

Some conservative justices, who have a 6-3 majority, appeared skeptical about the Biden administration’s lawsuit arguing that the state ban restricts potentially lifesaving treatment for women suffering complications during pregnancy.

Liberal members of the court appeared to back the administration's position.

The justices are weighing an appeal brought by Idaho officials who are contesting a lawsuit the Biden administration filed over abortion access in emergency situations.

The state abortion law was enacted in 2020, with a provision stating it would go into effect if the Supreme Court overturned Roe v. Wade, the 1973 ruling that found women had a constitutional right to abortion.

The 2020 law, called the Defense of Life Act,  went into effect  in 2022 when the Supreme Court  rolled back  Roe.

The state law says anyone who performs an abortion is subject to criminal penalties, including up to five years in prison. Health care professionals found to have violated the law can lose their professional licenses.

The federal government sued, leading a federal judge in August 2022 to block the state from enforcing provisions concerning medical care that is required under the federal Emergency Medical Treatment and Labor Act, or EMTALA.

The federal law, enacted in 1986, requires that patients receive appropriate emergency room care. The Biden administration argues that care should include abortions in certain situations. The law applies to any hospital that receives federal funding under the Medicare program.

There is an exception to the Idaho law if an abortion is necessary to protect the life of the pregnant woman, although the scope of the exception came under close scrutiny during the oral argument.

Idaho’s lawyer, Joshua Turner, faced tough questioning about whether the exception can also apply to a situation in which a woman has complications that pose a substantial health risk but not imminent death.

Liberal Justice Elena Kagan said federal law says “that you don’t have to wait until the person is on the verge of death.”

“If the woman is going to lose her reproductive organs, that’s enough to trigger this duty on the part of the hospital to stabilize the patient,” she said.

Fellow liberal Justice Sonia Sotomayor asked similar questions, providing several examples of real-life situations in which women have faced emergency situations when doctors had to make calls about whether to authorize abortions, including a situation in which a patient at 16 weeks of pregnancy whose water broke was at risk of sepsis or a hemorrhage after she was refused an abortion in Florida.

"Is that a case in which Idaho the day before would have said it's OK to have an abortion?" Sotomayor asked.

Turner argued that such medical decisions are “subjective” and that a doctor’s judgment in such instances would be based on good faith, not an objective standard.

Justices Amy Coney Barrett and Brett Kavanaugh, both conservatives, indicated they saw Idaho’s law as allowing for treatment similar to what the Biden administration says the federal law requires, suggesting that there may not be any conflict.

At one point Barrett said she was "shocked" at Turner's answers to questions about what kind of treatment was allowed, because "I thought your own expert had said below that these kinds of cases were covered."

Kavanaugh likewise questioned the daylight between the two laws, wondering what the implications are if "Idaho law allows an abortion in each of the emergency circumstances that is identified by the government."

"What does that mean for what we're deciding here?" he asked Turner.

Conservative Justice Samuel Alito seemed most skeptical of the federal government's argument, at one point mentioning language in the federal law referring to treatment for an "unborn child," a term more commonly used by anti-abortion advocates.

"Isn't that an odd phrase to put in a statute that imposes a mandate to perform abortions?" Alito asked Solicitor General Elizabeth Prelogar.

"Have you seen abortion statutes that use the phrase 'unborn child'? Doesn't that tell us something?"

Prelogar responded that the phrase did not displace the requirement that women get the treatment they need in emergency situations.

Conservative justices, including Neil Gorsuch, also questioned whether the federal government even has the power to mandate health standards when they are tied to Medicare funding.

In January, the Supreme Court allowed Idaho to enforce the provisions while also agreeing to hear oral arguments in the case. Other provisions of the ban are already in effect and will not be affected by how the justices rule.

The decision will affect not just Idaho but also other states, including Texas, that have enacted similar abortion bans that abortion-rights advocates say clash with the federal law.

In blocking parts of the state law that conflict with federal law, U.S. District Court Judge B. Lynn Winmill described the state’s actions as putting doctors in a difficult situation.

“The doctor believes her EMTALA obligations require her to offer that abortion right now. But she also knows that all abortions are banned in Idaho. She thus finds herself on the horns of a dilemma. Which law should she violate?” he wrote.

The San Francisco-based 9th U.S. Circuit Court of Appeals briefly put Winmill’s ruling on hold in September, but it subsequently allowed it to go back into effect, prompting the state officials to turn to the Supreme Court.

Prelogar wrote in court papers that EMTALA requires "necessary stabilizing treatment," which in cases involving pregnant women in emergency situations may require abortions.

"And in those limited but critically important circumstances EMTALA requires the hospital to offer that care," she added.

The state argues that it was only after Roe was overturned that the Biden administration said EMTALA could be interpreted to require abortions in some contexts, calling it a "nationwide abortion mandate."

EMTALA "merely prohibits emergency rooms from turning away indigent patients with serious medical conditions," Idaho Attorney General Raúl Labrador wrote in court papers. The law was not intended to override state laws regulating health care, he added.

The Idaho dispute is one of two abortion cases now pending at the Supreme Court, both of which arose in the aftermath of the 2022 decision to overturn Roe v. Wade. In the other case, the court is considering a challenge that could restrict access to mifepristone, the drug most commonly used for medication abortions.

Lawrence Hurley covers the Supreme Court for NBC News.