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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMorning Joe saying Chief Justice won't touch Roe
Joe says that Roberts will not allow the heartbeat bill to come before SCOTUS.
Say it will be struck down at the District Court level and Roberts wont give it certiorari.
They say that Roberts would be the swing vote in eliminating Roe and that they dont think Roberts wants to be put it that place historically.
samnsara
(17,613 posts)CincyDem
(6,346 posts)It takes 4 to grant cert so they don't need Roberts on the right.
History would say that when the Chief Justice is also the ideological center justice, as is the case with Roberts now, he tacks to the middle. That's been true historically for all Chief Justices independent of their left vs. right starting point.
Net...I think this one makes it to the Supremes and goes down 5-4.
And until that happens, I'll add a second prayer moment for RBG's health because without her...Alito becomes the ideological center. Think about that, a SCOTUS where Samuel Alito's view of the world is the "average".
mazzarro
(3,450 posts)We keep deceiving ourselves about the reThuglican agenda and we keep being surprised by how far their next unapologetic grab for power becomes.
Shell_Seas
(3,330 posts)spanone
(135,802 posts)Guy Whitey Corngood
(26,500 posts)rampartc
(5,398 posts)packed with federalist society judges, will upnold the "states rights" and uphold the laws.
i don't think the supreme court will hear appeals.
onenote
(42,660 posts)Not counting the territories (e.g., Puerto Rico, Guam, etc), there are 90 district courts. There currently are more than 50 of those courts that do not have a single Trump appointed judge, while only around a dozen don't have an Obama appointed judge. Overall, there are around 260 active district court judges appointed by Obama and around 60 appointed by Trump. When you add the active judges appointed by earlier presidents, there are around 230 Republican appointed judges and 320 district court judges appointed by Democrats.
Atticus
(15,124 posts)CTyankee
(63,899 posts)They are very defensive about that.
TheBlackAdder
(28,179 posts)delisen
(6,042 posts)historical record or vanity we are already living in a dictatorship.
lark
(23,078 posts)Roberts personally engineered the Citizens United decision, he is all about increasing the power of the oligarchs. He is not our friend and truly doesn't care about the constitution or he wouldn't have engineered this "rich take all" decision with the huge "fuck our democracy" component.
Cartaphelius
(868 posts)must have faxed Joe's todays repelicant talking points.
MineralMan
(146,281 posts)I doubt that Roberts told Joe that personally.
What is certain, though, is that those heartbeat laws are going to all be challenged immediately. What happens after the District courts rule is harder to predict. Will permanent injunctions against those new laws be issued by one or more federal district courts? Will appeals courts take the case up on an emergency basis? Will the SCOTUS grant certiorari on one or more of them?
We don't know yet. Joe doesn't know. He's making an informed guess.
It's up to the federal courts. How quickly they move remains to be seen.
onenote
(42,660 posts)Roberts alone not supporting cert wouldn't necessarily impact the outcome. However, if he doesn't support cert, which would signal that he wouldn't support reversing an appeals court decision striking down the Alabama law, I think it is likely that one or more of the other conservatives on the court would decide not to support cert as well, rather than risk having the Court uphold the lower court ruling on a 5-4 vote with Roberts joining the Democrats.