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[Balphon]

All the same, this will be a very interesting case. Casey does appear to grant great deference to the state when it comes to the purpose of any abortion law they pass for safety reasons, the "undue burden" standard seems more concerned with the effect and not the state's reason for a law. If the Court finds that a woman's access to abortion is not unduly burdened by the State's new law then they might just uphold it. However, they could go a step further and actually analyze the purpose of the State's law, actually questioning whether it does protect a woman's health or is simply an abortion restriction in disguise.

A straightforward due process analysis in an abortion case?

This is the Supreme Court you're talking about. Casey is a giant jurisprudential mess for a reason.

 

[AuthenticM]

It's fucking horseshit that there isn't already jurisprudence that would strike down these laws. In Canada, they would have never seen the light of day because it's so fucking obvious what the lawmakers are trying to do.

"You cannot do indirectly what you cannot do directly" applies here.

 

[Imperfected]

I'm still holding out hope that Justice Thomas will reveal that with Scalia dead he's recovered the voodoo doll and can stop voting like one of the greatest assclowns to ever sit the court.

 

[Wilsongt]

It's fucking horseshit that there isn't already jurisprudence that would strike down these laws. In Canada, they would have never seen the light of day because it's so fucking obvious what the lawmakers are trying to do.

"You cannot do indirectly what you cannot do directly" applies here.

Won't somebody think of the (unborn) children?!

 

[Ri'Orius]

If they're already hearing arguments, does that mean it's too late to fill Scalia's seat for this case, even if someone were confirmed tomorrow?

 

[Fenderputty]

This was a sick burn

http://www.slate.com/blogs/the_slat..._important_question_of_oral_arguments_in.html

I love this woman.

 

[TS-08]

It's fucking horseshit that there isn't already jurisprudence that would strike down these laws. In Canada, they would have never seen the light of day because it's so fucking obvious what the lawmakers are trying to do.

"You cannot do indirectly what you cannot do directly" applies here.

That's essentially what the "undue burden" principle is. The question is whether the facts meet that standard. That's unfortunately going to come down to ideology.

 

[Ekdrm2d1]

Why is this a thing.

Saw a protest sign with something like "My choice is not your political agenda."
While searching for that sign I found this pinterest/tumblr image

.

 

[Raxus]

If they're already hearing arguments, does that mean it's too late to fill Scalia's seat for this case, even if someone were confirmed tomorrow?

Yes, the justice wasn't seated for arguments and would likely abstain. Still a 4-4 would likely bring the case straight back to the court when a new justice was appointed. Still it highlights what a dick move Republicans are doing not allowing a candidate to be seated since decisions like this affect women and threaten the lives of hundreds if not thousands.

 

[leroidys]

Texas is not America's largest state by any measure. C'mon BBC.

 

[dimb]

Texas is not America's largest state by any measure. C'mon BBC.

By area in the continental U.S...

 

[Septimus Prime]

If Kennedy and the other 3 conservatives agree to send it back to the courts, but the 4 liberals don't agree what happens?

I'm guessing it just goes into effect since that was the lower court ruling....

Hmm wonder if the conservative judges agree to send it back rather than vote to affirm with the idea of convincing Kennedy not to swing and then one or all of the liberal judges join in to prevent it from fully going in to place?

Is that a possible outcome?

The lower court ruling would hold, and the conservative judges can hope that Scalia's replacement ends up siding with them for when the case comes back up.

Here's hoping Kennedy puts the kibosh on that, though.

 

[nhlducks35]

By area in the continental U.S...

Yeah no

 

[Monocle]

Really disappointed if this is a 4-4 split. Like these regulations are such a transparent attempt to close abortion clinics. Do the conservative judges oppose abortion so much that they will gladly ignore the facts and just vote pro life? On the radio they were interviewing a Texas lawmaker and asked him what he would say to a women who has to make a 200 mile round trip to go to a clinic and he said that maybe women should be more preventative. Scumbag

Yep, the agenda is transparent here. I'm sickened by the thought of any SCOTUS justice taking these regulations seriously. How anti-woman woman could you possibly be? How purposefully blind to hypocritical bullshit?

The health of millions of women is on the line here. One of the many reasons a liberal-leaning justice needs to fill Scalia's vacancy.

 

[Angelus Errare]

Old Wealthy White Men - Knowing What's Best For: Women, Blacks, Hispanics, LGBT, Poor, Asians, Middle Eastern since 1619™.

 

[Keri]

I really hope that Kennedy votes with the other liberal judges. If he doesn't, who knows how long it will be until another case with similar issues reaches the Supreme Court. In the meantime, more and more clinics will close, as these laws are enforced and spread to other states. And if there's another conservative appointment to the Supreme Court, before the case reemerges, it will be the death knell for abortion rights in the United States. Abortion will be technically legal but nearly completely inaccessible. Our granddaughters will have to fight the same fight our grandmothers did...It's really scary and depressing, how far we are on the brink of falling backwards.

 

[gdt]

Yeah no

Read his post again.

Silly distinction, but still.

 

[ampere]

This was a sick burn

http://www.slate.com/blogs/the_slat..._important_question_of_oral_arguments_in.html

GOAT

Hope this doesn't end up a 4-4 though.

 

[Monocle]

Republicans nationwide will embrace my new biomechanical implant (patent pending), a remote controlled vaginal sphincter operable only by white men over 60. This invention will revolutionize women's health in America by ceding control of women's genitals directly to the people who know what's best for them. At last, females can attend to their duties in the kitchen or washroom with minds unburdened by choice.

 

[hodayathink]

Yeah no

Continental usually means the continuous 48. I think they know Alaska is bigger by landmass.

 

[nhlducks35]

Read his post again.

Silly distinction, but still.

Continental usually means the continuous 48. I think they know Alaska is bigger by landmass.

No, contiguous means only the 48 states

Continental refers to the 48 plus Alaska

 

[UraMallas]

Continental usually means the continuous 48. I think they know Alaska is bigger by landmass.

*contiguous

Since we are correcting.

Law is bullshit and I don't see this ending in anything but a 4-4 tie. Kennedy did have quite the zinger in favor of striking down the law, though, so that makes me balk. Hope he pulls his head out of his ass and votes with the correct interpretation of the law, which would strike it down.

 

[leroidys]

By area in the continental U.S...

/s/continental/contiguous. Also, pretty hard to infer that from

Opponents to the law say it would leave just 10 abortion clinics in America's largest state

.

 

[BigDug13]

Kick the can down the road till we get a Republican president. That's the name of the game in Congress. That's been their game this whole time. Anything they could get away with delaying, they have.

 

[HK-47]

Old Wealthy White Men - Knowing What's Best For: Women, Blacks, Hispanics, LGBT, Poor, Asians, Middle Eastern since 1619™.

Youll have to go much further back than that if you wanna talk about women.

 

[antonz]

Justices ruled against Louisiana's law. 7-1. So even most of the Conservative Wing is not willing to reduce access to basically 0.

 

[cameron]

Justices ruled against Louisiana's law. 7-1. So even most of the Conservative Wing is not willing to reduce access to basically 0.

AP: "Supreme Court puts hold on Louisiana abortion clinic law"

WASHINGTON (AP) — The Supreme Court on Friday blocked enforcement of a Louisiana law that could force all but one of the state's abortion clinics to close, a sign that a similar law in Texas also could be in peril.

The justices effectively reversed an order by the federal appeals court in New Orleans that allowed Louisiana to begin enforcing its 2014 clinic regulation law even as it is being challenged in the courts.

The law requires doctors who provide abortions to have admitting privileges at nearby hospitals.

Two clinics, in Boisier City and Baton Rouge, that had already closed in response to the appellate ruling will reopen and a third clinic in Shreveport that faced imminent closure will remain open, said the Center for Reproductive Rights, which is representing the clinics.

The high court's order, with only Justice Clarence Thomas noting his dissent, came two days after the justices heard arguments in a major abortion case from Texas and just hours after they voted in a private meeting on the outcome of that case.

A vote for the clinics in Louisiana could signal that Justice Anthony Kennedy, whose vote is crucial to both sides, also will be a decisive fifth vote in favor of abortion clinics in Texas.

More in the link.

 

[HK-47]

Of course it was Thomas.

 

[balladofwindfishes]

It would be weird for them to vote on one case differently than another, so I think it can be more or less expected at this point what the ruling would be.

 

[Dust Bunnies]

i mean, it IS unconstitutional, so the only way this will go is to kill these laws

 

[aeolist]

i mean, it IS unconstitutional, so the only way this will go is to kill these laws

that's entirely up in the air, especially with kennedy waffling between sides during questioning. if scalia were still alive i would not feel optimistic at all about this.

and even if kennedy sides with the 4 liberals to make new precedent the opinion will be limited to exactly as far as they can convince him to go, meaning they may just strike down these particular laws or parts of them but leave the door open for further fuckery. we absolutely have to have a democratic appointee to replace scalia if we want abortion access to remain legal and accessible.