As promised by former President Trump, his Supreme Court appointees appear set to reject Roe vs. Wade
The Supreme Court is ending the year starkly split on abortion, with the five conservatives showing all signs they will overturn Roe vs. Wade and let state lawmakers decide whether women may legally end a pregnancy.
First, the court, by a 5-4 vote, stood aside on Sept. 1 while Texas, the nation’s most populace red state, put into effect a law that made abortions illegal after six weeks. Known as SB 8, the law authorized private lawsuits against doctors and their clinics, and the state insisted that no one could sue in federal court to stop it because state officials had no role in enforcing the law.
Twice, Kavanaugh summarized Mississippi’s argument that the Constitution is “silent” on abortion. If so, he said, the court should let the states decide on their own. When Julie Rikelman, the attorney for the Center for Reproductive Rights, cited the decades of precedent, Kavanaugh responded that many of the court’s greatest decisions reversed flawed and mistaken rulings, citing as a prime example Brown vs. Board of Education overruling segregation.
Why can’t doctors and clinic owners sue the state to shield themselves from a law that is unconstitutional? Because of the “doctrine of sovereign immunity,” said Justice Neil M. Gorsuch, writing for the court. This generally means states are shielded from being sued in federal court, he said. That peculiar doctrine formed the backdrop for the fight over the Texas abortion law. It puts a premium on finding the right person to sue. In last week’s decision, the five conservatives held that the abortion doctors could not win a federal court order by suing the Texas attorney general or the state judges and their clerks who would handle the lawsuits authorized by SB 8, because they were not tasked with enforcing the law.
Roberts is no liberal and has repeatedly voted against abortion rights in the past. However, as chief justice, he has often tried to steer the court on a middle path to avoid sharp and divisive rulings. But he is no longer in control.
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