Posted on 05/26/2019 1:36:08 PM PDT by Cubs Fan
It seems to me the SCOTUS could take the case--then decide whether they will keep or overturn Roe V Wade
OR The option I think they will choose--
They could refuse the case --Which will allow Alabama and other the states to determine their own abortion laws --
Effectively the same result as overturning Roe. What do you think?
But I think they will refuse the case --thus allowing Alabama and other the states to determine their own abortion laws --
Effectively the same result as overturning Roe. What do you think?
The 10th Amendment says exactly what they should do.
Best hope it doesn’t get there unless Trump gets another pick or 2
If it upholds Roe now, which is a distinct possibility, it’ll take another generation for it to cycle back through again
Roberts will vote however Obama wants him to vote. His spying hit the jackpot with that one.
We need it to wind around the lower courts for 3 years until we can get 2 more seats on the Supreme Court.
While it is supposedly 5-4 in favor of us it is really 3-2-4, and we need to make it at least 4-3-2. The ages of Ginsburg and Breyer might give us that by 3 years.
Here’s Why The Anti-Abortion Movement is Escalating
With RBG allegedly alive I predict they won’t hear the case and punt to the lower courts where the laws are struck down.
Well,we obviously know that there are at least four SCOTUS judges who have learned nothing from Dred Scott...the question is could there be more than four.
Best assessment I’ve read so far.
Agreed. When President Trump wins another term, we need to hammer home to him to stack the courts as much as humanly possible.
He’s done a terrific job so far, but if our Republic is to be saved, we need to use the courts as much as the members of the Socialist Democrat Party.
Elections have consequences! So, stuff it, Dems! MAGA! :)
Isn't the usual to allow the lower court ruling to stand, when they don't hear a case? This is clearly a case where the Tenth Amendment should prevail.
PS: I don't trust that weasel Roberts!
I can’t wait till June 30th. The last day of this Supreme Court. I hear Thomas and Sligo May retire. I hope so. Get two 40 year old replacements for them. Roberts needs to retire too. He’s old. And of course RBG, Breyer and Sotomyer needs to retire.
What “The Sons of Liberty” said.
If the Alabama law makes it to the Supremes it will be because a lower court struck it down. If the Supreme Court refuses to hear the case then it will remain struck down.
It doesn’t work like that. The case has to make its way through the court system. An Obama Federal Judge is going to strike it down. It will get appealed to the 11th Circuit. The 11th Circuit, citing Roe and Casey, will uphold the District Court.
If the Supreme Court refuses to hear the case at that point, it’s over. That doesn’t leave it to the States, it leaves the law struck down and leaves Roe and Casey as the law.
The law will be stricken by the District Court citing Roe v. Wade. It is a Supreme Court opinion and the District Court must follow the Supreme Court’s prior ruling. Alabama will appeal to the 11th Circuit Court of Appeals. The 11th Circuit Court of Appeals will affirm the District Court for the same reason. Alabama will ask the Supreme Court to hear the case. Remember, there is no appeal of right to the Supreme Court in this instance. The Supreme Court will refuse to hear it because there is no split in the Circuit Courts of Appeal.
Write it down
Yes. The lower court ruling stands if the Supreme Court denies certiorari. That doesn’t create a precedent, but it doesn’t fix the problem either.
Yep.
Depends on what the lower courts do.
I’m thinking the conservative Justices want to wait for another conservative before taking on Roe. Roberts doesn’t really count as a conservative.
They will claim that Roe is established law and over turn. This will give Trump the cover he needs to shrug his shoulders and get on with his work.
100% AGREED.
Yours, Darla & TMN78247
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