Supreme Court Appears Sharply Divided as It Hears Texas Abortion Case
Source: New York Times
WASHINGTON The Supreme Court on Wednesday appeared sharply and perhaps evenly divided in its first major abortion case in almost a decade, one that has the potential to revise constitutional standards and to affect millions of women
Several justices seemed frustrated by gaps in the factual record presented to them. The three more conservative justices said there was little evidence that clinics have closed or would close because of the law.
Justice Anthony M. Kennedy, who almost certainly holds the crucial vote, mused that it might be useful to return the case to the lower courts to develop more evidence. He said it would help to know how many abortions could be performed in the clinics that would remain open if a restrictive Texas law was allowed to become fully effective.
The courts four liberal justices were adamant that the restrictions imposed by the law served no medical purpose and cannot pass constitutional muster.
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Read more: http://www.nytimes.com/2016/03/03/us/politics/supreme-court-abortion-texas.html?_r=0
randys1
(16,286 posts)lark
(23,147 posts)Kennedy is truly conservative, after all. He only appears to be moderate when compared with Scalia, Alito and Thomas. In this case a tie means Repugs restrictive law remains in place and is very bad news for the young women in Tx.
In the class action lawsuit, a split tie will favor the liberals, so can't wait for that one.
skip fox
(19,359 posts)The lower court's ruling would stand with a tie.
elleng
(131,076 posts)but even a 4-to-4 tie would have enormous consequences because it would leave in place an appeals court decision that could drive down the number of abortion clinics in Texas to about 10, from roughly 40.'
Kennedy's suggestion that more info would be useful is a positive, imo.
elleng
(131,076 posts)Kennedy 'mused that it might be useful to return the case to the lower courts to develop more evidence. He said it would help to know how many abortions could be performed in the clinics that would remain open if a restrictive Texas law was allowed to become fully effective.'
Passing it back to the lower courts for further consideration of a decision that restricts reproductive choice is a hella long way from siding with them.
Of course id like to see the law overturned completely and soon. I'm sure we all would!
until there is an appointment to the Court. If we get a liberal/moderate justice, then Kennedy wouldn't have the deciding vote. If we get a conservative, he will face the same dilemma he has now.
Ligyron
(7,639 posts)right where it belongs since the whole thing has nothing to do with justice.