The case will be a good indication of where Chief Justice John Roberts stands on abortion jurisprudence. Roberts, earlier this year, voted with the four liberal justices to block the enforcement of the Louisiana law in February. A ruling in the Louisiana case is due by the end of June…
Roberts joined the high court’s pro-abortion minority to prohibit the law’s implementation over the dissent of Justice Brett Kavanaugh. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch noted their dissent but did not join the Kavanaugh opinion.
Chief Justice John Roberts, the gift from GWB that keeps on giving…
This is the first abortion case for the Court since Justice Kennedy retired, and the votes of only four Justices are required to take a case. Perhaps the four liberals want to see where new Justices Neil Gorsuch and Brett Kavanaugh come down on abortion regulation. Or perhaps the conservative Justices took the case because it is the kind of modest regulation that can be upheld without overturning core abortion precedents.
The decision is politically fraught as it will likely be handed down next year in the heat of a presidential campaign. But Gee is an ideal case for the Court to hear if the new Justices see the constitutional space to widen, step by incremental judicial step, the ability of the political branches to legislate the practice of abortion.
More details:
https://www.lifenews.com/2019/10/04/supreme-court-will-rule-on-louisiana-pro-life-law-that-could-shut-down-dangerous-abortion-clinics/
Chief Justice John Roberts, the gift from GWB that keeps on giving…
And more:
https://www.wsj.com/articles/a-judicial-abortion-test-11570395847