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Tuesday, May 28, 2019

Never Mind

After Alabama enacted its new abortion statute, I suggested in a post (on Jack Balkin's group blog) that the liberal Justices might want to grant certiorari when the litigation reached the Court. The way in which the Indiana abortion statute was handled today, though, indicates that the Court wants to stay as far away from this issue as possible (for now.)

Posted by Gerard Magliocca on May 28, 2019 at 09:50 PM | Permalink

Comments

But consider a difference between them. The Indiana case involved another attempt to burden clinics with regulations, so it was going to be fought within the "undue burden" framework as a matter of differing application, that will not have the same political resonance. The challenge to the Alabama law involves the core question of whether a constitutional right to abortion exists and whether to overrule almost-50-year-old precedent. The liberal Justices might still want to force Roberts' hand on that question, which would be politically salient.

Posted by: Howard Wasserman | May 29, 2019 6:55:55 AM

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