Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Saturday, November 14, 2015

Abortion to return to the Supreme Court

More here, at SCOTUSBlog.  Justice Kennedy will do what Justice Kennedy will do.  There's no need to restate here the argument that, under the Constitution correctly understood, states have the power to regulate abortion.  Between this grant, and the Court's decision to hear the contraception-mandate cases, I think we can confidently expect (a) that abortion and the Supreme Court will loom large in the presidential campaign and (b) that we will have to endure inaccurate, unfair, opportunistic, and cynical ads, rhetoric, and commentary (again) about a "war on women."

Some commentators have been saying things lately along the lines of "last Term featured big wins for 'liberals'; this Term will likely be good for 'conservatives.'"  Putting aside arguments we could have about the premises embedded in the use of those labels . . . I am not so confident that Justice Kennedy -- even though he was willing to rule that the insurance-coverage mandate exceeded Congress's Commerce Clause power -- will uphold the Little Sisters of the Poor's challenge to the contraception-coverage mandate nor am I confident that he will -- even though he has consistently upheld abortion regulations since the Casey decision -- allow the Texas regulations to stand.  (He should, in my view; I'm just not confident that he will.)

https://mirrorofjustice.blogs.com/mirrorofjustice/2015/11/abortion-to-return-to-the-supreme-court.html

Garnett, Rick | Permalink