Texas’ abortion ban goes back before the Supreme Court on Monday, where both abortion clinics and the Biden administration will argue that the law violates longstanding precedent protecting the right to terminate a pregnancy.
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The hastily-drafted legal briefs filed last week hint at where the arguments are likely to go, both in the Texas case and in an upcoming December case on a Mississippi abortion law that more directly targets. But Monday’s cases could also take the court in unexpected directions, raising questions of whether and how states can shield their laws from judicial review.
But the court’s view of what’s in play in the other case, brought by Texas abortion providers, is more murky. “I would hope that because it’s now an issue not of maintaining the status quo, but what does the law say — that he would now focus on what the law says,” said National Right to Life General Counsel James Bopp.
“I would always look to the younger judges, the most recent appointees, because they don’t have track records,” Bopp said.on divisive abortion issues. Barrett’s anti-abortion academic writings and Catholic religious views became a focus of her confirmation hearings, but her votes on religious freedom cases related to the coronavirus pandemic have been mixed.
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