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sl8

(13,993 posts)
Mon Jun 29, 2020, 10:26 AM Jun 2020

CJ Roberts, from his concurrence in June Medical Services:


https://www.supremecourt.gov/opinions/19pdf/18-1323_c07d.pdf
June Medical Services L. L. C. v. Russo (18-1323) (PDF)


[...]

I joined the dissent in Whole Woman’s Health and con-
tinue to believe that the case was wrongly decided. The
question today however is not whether Whole Woman’s
Health was right or wrong, but whether to adhere to it in
deciding the present case.

[...]

The legal doctrine of stare decisis requires us, absent spe-
cial circumstances, to treat like cases alike. The Louisiana
law imposes a burden on access to abortion just as severe
as that imposed by the Texas law, for the same reasons.
Therefore Louisiana’s law cannot stand under our prece-
dents.

[...]



to Kevin Russell, @ SCOTUSBLOG
2 replies = new reply since forum marked as read
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CJ Roberts, from his concurrence in June Medical Services: (Original Post) sl8 Jun 2020 OP
That is 2020 with an election coming up exboyfil Jun 2020 #1
That sword cuts both ways Mike 03 Jun 2020 #2

exboyfil

(17,865 posts)
1. That is 2020 with an election coming up
Mon Jun 29, 2020, 10:31 AM
Jun 2020

Just wait for 2021 irrespective of who wins. The last thing the GOP Court wants to do is motivate Democratic voters even more than they are already motivated.

Mike 03

(16,616 posts)
2. That sword cuts both ways
Mon Jun 29, 2020, 10:39 AM
Jun 2020

By that same logic, the last thing the GOP court would want to do is further demoralize Republican voters or hand Trump yet another profound and humiliating loss.

Yet they did exactly that.

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