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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Supreme Court just quietly handed a big victory to abortion opponents
The Supreme Court just quietly handed a big victory to abortion opponents
Trump's judges just got a clear signal that they can chop away at abortion rights and get away with it.
Ian Millhiser
May 29, 2018, 12:08 pm
The Supreme Court announced on Tuesday that it will not hear Planned Parenthood of Arkansas v. Jegley, despite the fact that the lower courts opinion in this case is at odds with the Courts 2016 opinion striking down a Texas anti-abortion law.
As a general rule, it is important to not over-read the significance of the Courts decision not to hear a case. Often, the justices may turn aside a case for idiosyncratic reasons that have little to do with the merits of the case itself.
In the abortion context, however, anti-abortion lower court judges have a long history of reading the Supreme Courts precedents creatively in order to limit reproductive freedom. The Courts 2016 decision in Whole Womans Health v. Hellerstedt was widely viewed as the justices way of signaling to these lower court judges that they went too far.
Viewed in light of this history, anti-abortion judges are likely to read the Courts non-decision in Jegley as a signal that they can once again start playing games. Meanwhile, Donald Trump is filling the federal bench with judges who oppose Roe v. Wade. The result is likely to be a quiet rollback of abortion rights as Trumps judges and their allies feel out just how much leeway the Supreme Court is willing to give them.
So, regardless of what the Court intended to accomplish by turning away Jegley, the practical effect is likely to be serious restrictions on the right to choose.
more...
https://thinkprogress.org/supreme-court-quietly-handed-victory-to-abortion-opponents-f193063d7c30/
Eliot Rosewater
(31,131 posts)GOP hates women, remember that.
Fullduplexxx
(7,877 posts)Eliot Rosewater
(31,131 posts)Fullduplexxx
(7,877 posts)dsc
(52,172 posts)and make a precedent. It is bad news because that is the only likely reason they didn't take the case.
atreides1
(16,103 posts)And GOP women are the largest group of women haters in the GOP!!!
Fullduplexxx
(7,877 posts)Why didnt they?
Eliot Rosewater
(31,131 posts)dont see the absolute NIGHTMARE situation, women are doomed
Fullduplexxx
(7,877 posts)Eliot Rosewater
(31,131 posts)EffieBlack
(14,249 posts)this was not a good case to take up - if the facts aren't good - and could possibly end up being more harmful than helpful to have the Court decide it. Sometimes, in these instances, the justices think it's better to let the case stand below and wait for a case that's stronger on the facts and law that can be used to more strongly uphold rights rather than be used to strike them down.
As I said, I don't know what was at play here, but just noting that declining a case is sometimes done for the right reasons.
Eliot Rosewater
(31,131 posts)these fine, female SC justices
Of course there is a GOOD reason they would do this and the reason the GOP would do it is because we know they hate women.
PERIOD
Thanks for your post.
MrsCoffee
(5,803 posts)a Trump appointee overruling what is left of Roe.
Fullduplexxx
(7,877 posts)Bench Faster than anyone will believe. they will find some way to get it up in front of judges again. Like they did with Citizens United and with the Abboud case they will get some right-winger to file a lawsuit to get this in front of the scotus
Princess Turandot
(4,787 posts)which had been granted at the district level, but overturned by the 8th circuit court of appeals. That requires 5 votes, not 4.
The case has yet to be heard at the District Court level.
This was the question they presented in their brief:
The bolded section is what the 8th Circuit criticized the lower court for doing when it issued the original injuntion.
Fullduplexxx
(7,877 posts)onenote
(42,821 posts)Princess Turandot
(4,787 posts)LanternWaste
(37,748 posts)Are you unable, or simply unwilling to research this question you continue to ask?
lapfog_1
(29,239 posts)seriously, WTF... clearly at odds with previous rulings.
Demsrule86
(68,768 posts)Control-Z
(15,682 posts)I'm close to tears I'm so pissed.
Vinca
(50,323 posts)courts with far right judges who are chomping at the bit to undermine Roe.