MS directly asks SCOTUS to overturn Roe (user search)
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  MS directly asks SCOTUS to overturn Roe (search mode)
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Author Topic: MS directly asks SCOTUS to overturn Roe  (Read 2211 times)
brucejoel99
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« on: July 22, 2021, 11:55:47 PM »

This just reads like Justice Thomas is the only vote whom they care about. I get that they already think that they have the votes anyway, but they should've at least tried to just make it look like they're actually gunning for 5 votes for their side.
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brucejoel99
Atlas Icon
*****
Posts: 19,720
Ukraine


Political Matrix
E: -3.48, S: -3.30

« Reply #1 on: July 30, 2021, 03:11:31 AM »

I'd honestly put it over 50/50 that Roe/Casey is overturned next summer and abortion does go to the states again.

Honestly, I'm the opposite, & am becoming more & more convinced that we'll end up seeing a controlling concurrence from Roberts/Kavanaugh that falls on the stare-decisis sword, perhaps in a manner akin to ACB's in Fulton: namely, "we're sympathetic towards Plaintiff's arguments in favor of overturning Roe/Casey insofar as viability should maybe not be the bright-line rule that it is in the status quo, but our weighing of factors has led us to conclude that the federal right has become something of an ingrained principle of American law at this point, & we just can't really see a *sensible* non-Casey standard that - short of overturning the federal right outright & giving states carte blanche here - we could replace Casey's with." In so many words, I see minimalism remaining popular with the Court's most important controlling voices.
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