Chief Justice John Roberts no longer the undisputed swing vote on abortion,

Author : tukangsate4151
Publish Date : 2021-03-22 15:36:19


Chief Justice John Roberts no longer the undisputed swing vote on abortion,

Conservative Supreme Court justices have demonstrated a desire to reverse prior decisions on abortion rights. The question, with Chief Justice John Roberts no longer the undisputed swing vote on abortion, is when and how far at least five justices will go to overturn rulings that support a constitutional right to end a pregnancy.

The aims of individual justices, based on their recent writings, range from reversing Roe v. Wade to forbidding clinics from challenging restrictions on behalf of women to relaxing the standard that states must meet to limit women's access to the procedure.
"Our abortion jurisprudence has spiraled out of control," Justice Clarence Thomas has written. He is the court's most consistent critic of abortion-rights rulings dating to the 1973 Roe v. Wade, which made the procedure legal nationwide.
Justice Neil Gorsuch has separately complained that justices' standards are muddled and said last year, in a "highly politicized and contentious arena ... we have lost our way."
Justice Samuel Alito has attacked decades-old precedent that allows physicians and other third parties to sue states over regulations that might impinge on a pregnant woman's rights. His position would reduce challenges to state abortion laws.
New internal tensions in the age-old controversy have emerged, as the six Republican-appointed justices on the right wing diverge on curtailing precedent and more sharply clash with the court's three remaining Democratic-appointed liberals.
The justices could move a step closer to their next chapter as they meet privately on Friday to consider whether to take up Mississippi's ban on abortions after 15 weeks of pregnancy.

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AR Gov: New abortion law is 'direct challenge' to Roe 01:10
Then again, the newly reconfigured court may want to wait to take any dramatic action on abortion. Multiple related laws are headed its way as states continue to adopt new prohibitions, including the near-total Arkansas abortion ban passed earlier this month with no exceptions for cases of rape or incest.
Arkansas Gov. Asa Hutchinson said he signed that law because it's a "direct challenge to Roe v. Wade" and said it has a "narrow chance" getting to the Supreme Court.
"That was the whole design of the law," Hutchinson, a Republican, told CNN's Dana Bash on "State of the Union" Sunday. "It is not constitutional under Supreme Court cases right now."
While the number of abortions nationwide has declined over the decades, culturally and religiously fraught state restrictions, and subsequent litigation, have not diminished. Conflicts have deepened on the increasingly conservative Supreme Court. Former President Donald Trump, who named three new justices, had vowed to appoint judges who opposed Roe v. Wade.
If the justices were to take up a 15-week abortion ban and consider reversing decades-old precedent, it would intensify national divisions. Even if the justices ultimately deny the Mississippi petition, the case could give individual justices a chance to issue statements relative to the denial, laying out their arguments for future rollbacks of reproductive rights.
Mississippi officials have appealed a US appellate court ruling that invalidated the 15-week ban because Supreme Court precedent prevents prohibitions on pre-viability abortions, that is, when the fetus would be unable to live outside the womb.
When Justice Stephen Breyer rules (on retirement), the White House might know first
When Justice Stephen Breyer rules (on retirement), the White House might know first
Referring to the high court's traditional balancing of interests, the appellate court wrote, "Until viability, it is for the woman, not the state, to weigh any risks to maternal health and to consider personal values and beliefs in deciding whether to have an abortion."
The pending case from Mississippi already reveals signs of conflict among the justices: They have considered but then postponed action on the dispute for nearly six months, listing it for discussion in private sessions yet offering no word on whether they would reject it, as they have similar cases of early-pregnancy abortion bans, or schedule the controversy for oral argument and decision.
Disputes in this area of the law nearly always come down to the vote of a single justice and generate tensions all around.
"In the country, people have very strong feelings," liberal Justice Stephen Breyer said during oral arguments in a 2020 Louisiana abortion case, "and a lot of people morally think it's wrong and a lot of people morally think the opposite is wrong."
On the current bench, Justices Thomas, 72, Alito, 70, and Gorsuch, 53, have staked out relatively firm ground. Roberts, 66, and Justice Brett Kavanaugh, 56, have voted to ease the legal test covering state regulation of abortion and sent mixed signals on overruling core precedent."In the country, people have very strong feelings," liberal Justice Stephen Breyer said during oral arguments in a 2020 Louisiana abortion case, "and a lot of people morally think it's wrong and a lot of people morally think the opposite is wrong."
On the current bench, Justices Thomas, 72, Alito, 70, and Gorsuch, 53, have staked out relatively firm ground. Roberts, 66, and Justice Brett Kavanaugh, 56, have voted to ease the legal test covering state regulation of abortion and sent mixed signals on overruling core precedent.
Supreme Court conservatives poised to uphold Arizona's curbs on voting
Supreme Court conservatives poised to uphold Arizona's curbs on voting



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