All eyes on Roberts ahead of Supreme Court's abortion ruling

[RandySF]

Chief Justice John Roberts is under the microscope as the Supreme Court prepares to issue its first major ruling on abortion rights in the Trump era, which will give the clearest indication yet of the court’s willingness to revisit protections that were first granted in Roe v. Wade.

The tie-breaking vote may rest with Roberts, and the case stands to test his role as the court’s new ideological center as well as his allegiance to past rulings.

A decision could come as early as Monday, following a blockbuster week at the court. Roberts joined narrow majorities last week to extend civil rights protections to gay and transgender people, and block the Trump administration’s plan to end a deportation shield for young undocumented immigrants under the Deferred Action for Childhood Arrivals (DACA) policy.

But the abortion rights case differs from the others in a key respect. Whereas the LGBT and DACA disputes asked the justices to interpret the meaning of federal law, the Louisiana case asks the justices to weigh their own past rulings on abortion.

Roberts’s image as an “institutionalist” justice dedicated to honoring prior Supreme Court opinions, especially recent ones, is now on the line.


https://thehill.com/regulation/court-battles/503645-all-eyes-on-roberts-ahead-of-supreme-courts-abortion-ruling

[sfstaxprep]

1. We Really Need To Keep Running The Table

I'm fearful either this case or the Drumpf taxes case is going to go against us. There is so much on the line with these upcoming rulings.

[RandySF]

2. I think we'll win the tax case and lose the abortion case.

[Demovictory9]

4. if we lose the abortion case, something for women to consider right before election

might solidify women to vote for Biden

[qazplm135]

6. I think it's reversed

lose the tax case, win the abortion case with a very narrow ruling that comes down to precedent.

[Awsi Dooger]

7. I agree with you

I'd be semi-shocked if we go 2-0 with Roberts. I would expect to lose the tax case, even though it's absurd it could go that way

[Polybius]

15. That would be 4-0 with Roberts

We're already 2-0 with him on big cases in the last 2 weeks (DACA and gay protection).

[AlexSFCA]

8. I'd prefer the other way around

trump’s taxes won’t change much anything and at best it’s a temporary fix. Adverse abortion rights ruling would immediately impact too many people, both women and men. I’m really counting on roberts here. We all know if Kennedy was still a justice, he would vote to keep the rights. The abortion case appears very straightforward to me and any adverse ruling would be purely ideological not logical. It is in many ways much easier and with lots more precedent than essentially expanding the word sex to sexual orientation. That was certainly against nearly all established precedent, yet totally logical conclusion. I wonder if kavanaugh votes to keep abortion rights? wouldn’t that be something.

[Hock_Mir_Keyn_Chinek]

5. So, assuming Biden wins in November, expand the court to 15 justices

and have Uncle Joe appoint 6 new justices plus the replacements for the at least 2 that will probably leave shortly after the new Presidential term.

[not_the_one]

17. A better way to get to more senators could be to grant DC and PR statehood.

(convince THEM to vote to become states) That would be 4 more senators, most likely of the progressive variety...

Just adding more senators would seem to many like "stacking the deck", and not accepted as legitimate.

Eventually Biden will get to appoint replacement Supreme justices. Hopefully NONE will die or resign until AFTER January 20th, 2021. If they did, we should use Moscow Mitch's playbook and refuse to allow nomination of a new judge until the new president is in office. (I know we don't have control over the senate, but we could, hopefully, figure out a way to delay/investigate, delay/investigate, delay/investigate until Jan 20th.)

Also known as the Goose/Gander argument.

Disclaimer, I am not a constitutional or judicial authority, so I may just be talking out my ass...

edit in bold

[UTUSN]

3. K&R

[OnDoutside]

9. Those decisions last week could just be them giving cover for this one.

[Pobeka]

10. We will lose the abortion case. Here's why I think so.

Suppose we win the abortion case, and the status quo is maintained. A portion of the anti-abortion folks who were willing to put up with the Trump carnage will see it was all for nought, and will either not vote GOP or outright turn against it.

Suppose on the other hand, we lose the abortion case. The anti-abortion folks will be vindicated -- it was all worth it. AND -- the GOP campaign machine will come out hard with the message that if DEM's win in the fall, then all the recent anti-abortion laws will be overturned. This will motivate turn out for the GOP.

[Polybius]

13. I think if the conservatives lose the abortion case, they won't turn on Trump

If it's Roberts who votes with the liberals, they will just say that we need more conservative Justices, so they have to vote Trump, even if they don't particularly like him. Plus they can't blame Trump for Roberts, that's Bush.

[Hugin]

11. Watching the SCOTUS over the past umpteen years. I believe the reason we were thrown the...

LBGT and DACA decisions, which were honestly largely status quo decisions. Was done to set us up by appearing bi-partisan and justicy for the real right wing whammy. I'm waiting for that shoe to drop. Whether it's on abortion, voting rights, or both, I don't know.

But, it's going to be craven and ugly.

They can prove me wrong, but, I've come to expect these antics from a corrupted and captured SCOTUS.

[Cosmocat]

16. Yeah, that was my sense, too

This is too close to the heart for them.

[Polybius]

12. Within the last couple of weeks, Roberts sided with the liberals on two huge decisions

If he thinks of himself as a swing vote, perhaps he'll feel he should vote vote the conservatives on this? It's hard to say, because I have no idea how he feels.

Even if he does, there's no guarantee Gorsuch or Kavanaugh will vote anti-abortion.

[hamsterjill]

14. Roberts will fuck over women. Trust me.

He’s already taking heat from the right for the last couple of decisions. He will have to give one to the home team to stay in favor - and he will throw women’s rights down the tube.

Expect it.