Scalia’s death comes just a month before the court’s biggest abortion case in years

[applegrove]

Scalia’s death comes just a month before the court’s biggest abortion case in years

by Sarah Kliff and Emily Crockett at Vox

http://www.vox.com/2015/11/13/9731550/supreme-court-abortion-texas

"SNIP..........


On March 2, the Supreme Court will hear oral arguments in Whole Women's Health v. Hellerstadt, a challenge to a Texas law that has closed about half of the state's abortion clinics since 2013.

If the law is allowed to stand, abortion rights supporters say it would close all but about 10 of Texas abortion clinics. Advocates on both sides of the abortion issue say this case could be the most important decision on abortion in 25 years.

Scalia has been a staunch opponent of abortion rights, and critical of the landmark Roe v. Wade decision in 1972, which established a constitutional right to abortion. "You want a right to abortion? There's nothing in the Constitution about that," Scalia said in a 2011 interview.

Scalia was a near certain vote in favor of upholding the Texas law. Without him, things get a bit more complicated. But the key thing to know is this: without Scalia, its very hard to see a world where the Supreme Court affirms the Texas law's constitutionality.



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[WhaTHellsgoingonhere]

1. I maintain this is good

[randys1]

2. One of the reasons this is GREAT news.

[FBaggins]

3. I think they have that wrong.

The lower court (5th circuit) largely upheld the law. We still need five votes to overturn it. A 4-4 tie leaves the lower court's ruling in place.

[X_Digger]

5. +1. Not the slam dunk some seem to think. n/t

[Manifestor_of_Light]

4. I think we're gonna be in gridlock city with 4 to 4 decisions.

[FBaggins]

6. Which highlights the importance of the appellate courts

Many people only pay attention to the nine at the top, but appointments to lower courts can be incredibly important in cases like this. And, of course, most cases never make it to the USSC.