This morning gave us the complicated answer. A majority of the justices voted to strike down the law based on the 2016 case, however, those five justices did not agree on the rationale. Justice Breyer, who wrote the 2016 decision, authored an opinion for himself and the three other liberals on the court. His opinion was a straightforward application of the 2016 case.
So what does the chief’s opinion say? He made it clear that he still disagrees with the 2016 case, but he said that courts should, barring exceptional circumstances, follow the rules from previous cases. So, even though he disagrees with the 2016 decision, he will follow it. And because all the evidence from the case indicated that the Louisiana law was no different than the Texas law, the chief followed the 2016 precedent and struck the new law down.
In doing so, Chief Justice Roberts made two things relatively clear for future cases, and this is what is going to be important going forward. First, he does not appear to have any appetite for overrulingand the basic principle that states cannot make abortion illegal. To be clear, he doesn’t say this explicitly, but he applies the constitutional principle fromwithout any hesitation.
In other words, the bottom line here is that the status quo in the world of abortion should remain as long as this court doesn’t change. Even with the two new Trump justices on the court, it appears that abortion will remain legal, andthat abortion patients have to navigate in order to get their procedure more difficult are going to continue to have leeway to do so … except when they try to do the exact same thing as what Texas did in 2016.
I'm not a yank, but good to hear this!
we disagree with such finding and make this summary judgement. The end.
EstefaniaVeloz 👀
Because he’s probably saving his silver conservative suicide bullet to help trump steal the 2020 election
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