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.
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!
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
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.
Unless I missed a surprising lower court decision, refusing to hear the case would allow a lower court decision to stand, not allow Alabama to do what they will.
The SCOTUS needs to take it now and reverse Roe, don’t wait til a liberal court comes again and reaffirms!
As long as they have a solid lefty majority (Breyer, Sotomayor, Ginsberg, Kagan, Roberts) there is no overturning Roe V Wade. Period.
I think it is way past time to amend the Constitution so that advocates for abortion are prohibited from voting and holding public office.