Wednesday, May 18, 2022

What if Roe vs. Wade falls? Conflict over abortion laws will not subside

Chief Justice John Roberts voted to uphold restrictions in two major abortion cases, most in 2007 to uphold the ban on abortion, which opponents call “partial abortion,” and to disagree in 2016, when a court overturned Texas restrictions on abortion clinics. called “The Health of the Whole Woman.” But when an almost identical Louisiana law went to court in 2020, Roberts voted against it and wrote an opinion controlling the outcome of the case and overturning the Louisiana law. The Chief Justice said that he still believes the 2016 case “was handled incorrectly,” but the question was “whether to stick to it when deciding on the present case.”

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Roberts’ views on when to drop court precedent may determine how far he is willing to go in the Mississippi case. At his 2005 confirmation hearing, he said that the reversal of the precedent “is a shock to the legal system,” which depends in part on stability and impartiality. According to him, it is not enough to think that the previous case was taken incorrectly. Dismissal requires consideration of “these other factors, such as long-standing expectations, such as the legitimacy of the Court, such as whether a particular precedent is workable or not, whether the precedent has been destroyed by subsequent events,” Roberts said at the time.

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At the same hearing, Roberts was asked to explain his presence in a legal memo filed by the George W. Bush administration, which said that Roe’s conclusion about the right to abortion “is not supported by the text, structure or history of the Constitution.” Roberts responded that the note reflects the administration’s point of view.

Nation World News Desk
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