Jimmy Higgins
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SCOTUS has agreed to hear an abortion case from Mississippi, a post 15-week abortion ban with virtually no exceptions.
The law is currently grossly unconstitutional, but this will be a test to see what SCOTUS wants to do regarding Roe v Wade and Griswold v Connecticut. The current law as passed and blocked by Federal Courts, ignores the existing SCOTUS rulings, as have dozens (hundreds?) of other state laws trying to impede abortions. It would seem unlikely that this court has picked up this case to spank Mississippi in the ass. So the question is, what direction will they go in (if any)?
Could SCOTUS do a rope-a-dope? Uphold the lower courts, but set a standard for blocking abortions? Simply overrule the lower courts, and themselves, and allow for any restrictions if they find it in the 'best interests of the patient'? Could they Plessy v Ferguson it up and pretend restrictions this tight don't actually inhibit access to abortion? Or just overthrow Roe v Wade altogether?
The law is currently grossly unconstitutional, but this will be a test to see what SCOTUS wants to do regarding Roe v Wade and Griswold v Connecticut. The current law as passed and blocked by Federal Courts, ignores the existing SCOTUS rulings, as have dozens (hundreds?) of other state laws trying to impede abortions. It would seem unlikely that this court has picked up this case to spank Mississippi in the ass. So the question is, what direction will they go in (if any)?
Could SCOTUS do a rope-a-dope? Uphold the lower courts, but set a standard for blocking abortions? Simply overrule the lower courts, and themselves, and allow for any restrictions if they find it in the 'best interests of the patient'? Could they Plessy v Ferguson it up and pretend restrictions this tight don't actually inhibit access to abortion? Or just overthrow Roe v Wade altogether?
The other question would become, just how much nuance is needed in such an opinion to shave/overturn Roe v Wade, without destroying the concept of precedence.article said:"This will be, by far, the most important abortion case the Court will have heard since the Casey decision in 1992," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. "If states are allowed to effectively ban abortions after the 15th week of pregnancy, as the Mississippi law in this case does, then pregnant women would have a far shorter window in which they could lawfully obtain an abortion than what Roe and Casey currently require."