Title : "Why Is the Supreme Court Hesitating on Abortion?"
link : "Why Is the Supreme Court Hesitating on Abortion?"
"Why Is the Supreme Court Hesitating on Abortion?"
Asks Ed Kilgre at Intelligencer.
Mississippi petitioned for SCOTUS review [in Dobbs v. Jackson Women’s Health Organization] last June, of course; the whole point of the state’s provocative law [banning abortion after 15 weeks] was to invite the Court to [overrule] or significantly modify Roe v. Wade and Planned Parenthood v. Casey, the landmark decisions establishing and affirming a constitutional right to abortion.
The Dobbs case has repeatedly been on the list for discussion at the Court’s conferences.... It takes just four justices to agree to review a case. Quite possibly, there are five or six prepared to begin unraveling the Court’s abortion precedents but no consensus of four on where to start or how quickly to proceed.... The most likely path for an anti-abortion majority is a gradual erosion of Roe and Casey, rather than an abrupt reversal.... So maybe Roberts and Kavanaugh are waiting for the “right” case, and the other four conservative justices don’t want to take up a case unless an anti-abortion majority is certain.
More immediately, it’s possible that a majority has decided to decline a review of the Mississippi case but that a negative order is being delayed while justices who are eager to approve the Mississippi law write long, passionate dissents....
[T]he anti-abortion movement is itself divided: There is sudden activist enthusiasm for the long-standing but previously marginal “personhood” crusade, which, instead of reversing Roe, would stand it on its head by establishing federal constitutional protections for fetal rights regardless of what state governments choose to do. There’s not much evidence of judicial support for that radical notion.
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Asks Ed Kilgre at Intelligencer.
Mississippi petitioned for SCOTUS review [in Dobbs v. Jackson Women’s Health Organization] last June, of course; the whole point of the state’s provocative law [banning abortion after 15 weeks] was to invite the Court to [overrule] or significantly modify Roe v. Wade and Planned Parenthood v. Casey, the landmark decisions establishing and affirming a constitutional right to abortion.
The Dobbs case has repeatedly been on the list for discussion at the Court’s conferences.... It takes just four justices to agree to review a case. Quite possibly, there are five or six prepared to begin unraveling the Court’s abortion precedents but no consensus of four on where to start or how quickly to proceed.... The most likely path for an anti-abortion majority is a gradual erosion of Roe and Casey, rather than an abrupt reversal.... So maybe Roberts and Kavanaugh are waiting for the “right” case, and the other four conservative justices don’t want to take up a case unless an anti-abortion majority is
More immediately, it’s possible that a majority has decided to decline a review of the Mississippi case but that a negative order is being delayed while justices who are eager to approve the Mississippi law write long, passionate dissents....
[T]he anti-abortion movement is itself divided: There is sudden activist enthusiasm for the long-standing but previously marginal “personhood” crusade, which, instead of reversing Roe, would stand it on its head by establishing federal constitutional protections for fetal rights regardless of what state governments choose to do. There’s not much evidence of judicial support for that radical notion.
***
There is no comments section anymore, but you can email me here. Unless you say otherwise, I will presume you'd enjoy an update to this post with a quote from your email.
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