So what happens next with the Alabama abortion ban? Planned Parenthood and other groups have already vowed to fight the law in court. Assuming such cases come before a federal district court judge who follows Supreme Court precedent (which those judges are supposed to do), the law will be ruled unconstitutional under the Roe/Casey precedents (which it is). The state, assuming it still wants to press the fight, would then appeal to the federal appellate court, which may not even take the case. But let’s say it does take it, and that those judges also follow precedent and strike down the law. At that point, having lost in the lower federal courts, and assuming the state is still under the same conservative leadership, Alabama would appeal the case to the Supreme Court.
But there’s no guarantee that SCOTUS will take the case either. Indeed, it is even possible that the Court might prefer to sit this one out. Why? Because even those conservative justices who might want to see Roe/Casey overturned might still prefer to see the precedents gradually weakened and narrowed over time, via a series of cases, rather than simply obliterated in one fell swoop.
Damon Root
May 17, 2019
The Supreme Court Probably Won’t Kill Roe Yet
[What I wonder about is the response of the political left to the new restrictions to abortion. Will this energize them and result in them taking control of the U.S. House, Senate, and White House in 2020? Or will early and decisive court defeats of the abortion restrictions result in them becoming complacent for the election next year?—Joe]
It’s my feeling that the extremes have been fleshed out on this argument. If you watch CNN and voted for Hillary. your already foaming at the mouth rabid. more pussy hat protests along with Nancy, Chuck, Maxine, and Di-Fi locking arms outside the supreme court really aren’t going to change much.
Were locked into partisan politics. No way home. If in reality we ever had one?
Federal appellate circuit must take the appeal. The first level appeal is of right. It’s the Supreme Court that is discretionary. There is no majority today to overturn current abortion law precedent.
If only the lower courts would follow Supreme Court precedent on Heller. They only go with precedent when it fits a left-wing agenda.
One of the sad effects of allowing universal abortion is that ~70M of them since Roe would have given us about the same number of warm bodies that the open border idiots wanted in the US, but they would have had the proper culture needed.
That number, of course, doesn’t include the number of births that would have proceeded from those missing citizens over the decades since.
The women I have known that I knew had an abortion have all stated a regret that they employed it. Some of those were due to them being unable to conceive later on when they wanted a child. Lost opportunities and bad timing seems to be the common view. What they didn’t generally know is that getting pregnant was a very common reason for getting married here in the US. Studies have shown that a good percentage of brides were pregnant at the altar, prior to Roe.
The way Common Law works is that it’s better to nibble around the edges of precedent than to change things all at once. Precipitous change gave us Roe v Wade, nibbling at the edges gave us Brown v Board of Education and Heller v DC.