The Supreme Court’s decision to sidestep key legal questions in its abortion decisions this term sets up another showdown as early as next year.
“If you have a judiciary that has been fundamentally reconfigured by the Trump-McConnell Twin Towers, including a conservative majority on the Supreme Court, they’ll be the ones to ultimately decide policy choices masquerading as legal questions,” he predicted.Many cases in the judicial pipeline target the most common ways patients circumvent state abortion bans: traveling across state lines and ordering pills from another state or country.
There are also fresh concerns that the FDA’s 2000 approval of mifepristone could be in the legal crosshairs — a challenge federalThe Supreme Court on Monday ruled that people can bring cases against federal rules that have been on the books for many years. Justice Ketanji Brown JacksonOther cases moving through federal courts could either restrict or expand access to abortion pills in the years to come.
Other federal lawsuits in Alabama, Idaho and Texas, which may end up before the Supreme Court, focus on whether and to what extent anyone in states with bans — doctors, family members, friends — can help a patient travel to another state for an abortion. “Clearly, adults have a constitutional right to travel for whatever purpose,” Aden said. “But minors do not have a constitutional right to travel without their parents’ knowledge or consent.”of Tennessee’s ban on certain forms of gender-affirming care for transgender minors, which doctors and the Biden administration say violates the patients’ right to equal protection without gender-based discrimination.
Source: Law Daily Report (lawdailyreport.net)
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