Supreme Court Appears Sharply Divided as It Hears Texas Abortion Case

[jpak]

Source: New York Times

WASHINGTON — The Supreme Court on Wednesday appeared sharply and perhaps evenly divided in its first major abortion case in almost a decade, one that has the potential to revise constitutional standards and to affect millions of women

Several justices seemed frustrated by gaps in the factual record presented to them. The three more conservative justices said there was little evidence that clinics have closed or would close because of the law.

Justice Anthony M. Kennedy, who almost certainly holds the crucial vote, mused that it might be useful to return the case to the lower courts to develop more evidence. He said it would help to know how many abortions could be performed in the clinics that would remain open if a restrictive Texas law was allowed to become fully effective.

The court’s four liberal justices were adamant that the restrictions imposed by the law served no medical purpose and cannot pass constitutional muster.

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Read more: http://www.nytimes.com/2016/03/03/us/politics/supreme-court-abortion-texas.html?_r=0

[randys1]

1. GOP = how much do we hate Women, let us count the ways

[lark]

2. This isn't good, but is was totally expected.

Kennedy is truly conservative, after all. He only appears to be moderate when compared with Scalia, Alito and Thomas. In this case a tie means Repugs restrictive law remains in place and is very bad news for the young women in Tx.

In the class action lawsuit, a split tie will favor the liberals, so can't wait for that one.

[skip fox]

3. What did the lower court rule?

The lower court's ruling would stand with a tie.

[elleng]

5. 'Justice Antonin Scalia’s death last month may have muted the prospect of truly bold action,

but even a 4-to-4 tie would have enormous consequences because it would leave in place an appeals court decision that could drive down the number of abortion clinics in Texas to about 10, from roughly 40.'

Kennedy's suggestion that more info would be useful is a positive, imo.

[elleng]

4. This IS good:

Kennedy 'mused that it might be useful to return the case to the lower courts to develop more evidence. He said it would help to know how many abortions could be performed in the clinics that would remain open if a restrictive Texas law was allowed to become fully effective.'

[Kber]

6. I agree

Passing it back to the lower courts for further consideration of a decision that restricts reproductive choice is a hella long way from siding with them.

Of course id like to see the law overturned completely and soon. I'm sure we all would!

[elljay]

7. He's punting

until there is an appointment to the Court. If we get a liberal/moderate justice, then Kennedy wouldn't have the deciding vote. If we get a conservative, he will face the same dilemma he has now.

[Ligyron]

8. Notice how the Times put this article in the Politics section

right where it belongs since the whole thing has nothing to do with justice.

[Hawaii Hiker]

9. This analysis offers possible good news

http://thinkprogress.org/justice/2016/03/02/3755868/the-incredible-shrinking-supreme-court-showdown-over-abortion/