Abortion Bill Designed To Challenge Roe V. Wade, But The Roberts Court Favors Incrementalism. So Is The Threat Real?
Court-watchers aren't sure how likely the Supreme Court justices are to even take up the Alabama law once it works its way through the lower courts. Instead, the justices could chip away at the legality of abortion while avoiding a ruling that could negate Roe v. Wade.
The New York Times:
Alabama Aims Squarely At Roe, But The Supreme Court May Prefer Glancing Blows
Abortion rights are at risk at the Supreme Court, but the short-term threat may not come from extreme measures like the one passed by Alabama lawmakers. The court led by Chief Justice John G. Roberts Jr. is more likely to chip away at the constitutional right to abortion established in 1973 in Roe v. Wade than to overturn it outright. It will have plenty of opportunities to do so. As soon as Monday, the court could announce whether it will hear challenges to three provisions of Indiana abortion laws on issues like the disposal of fetal remains and an 18-hour waiting period after state-mandated ultrasound examinations. (Liptak, 5/15)
Roe V. Wade At Risk: Key Facts On Legal Challenges To U.S. Abortion Rights
Before reaching the Supreme Court, the Alabama law would need to be challenged in federal district court. The judge's decision would be appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals. The 11th Circuit is currently split 6-6 between Republican- and Democratic-appointed judges. Trump has made three recent appointments to that court. Both those courts are bound to follow existing Supreme Court precedent. Only after those two rulings, which could take more than a year, would an appeal reach the high court. (5/15)
Los Angeles Times:
Supreme Court Is Not Eager To Overturn Roe Vs. Wade — At Least Not Soon
The Supreme Court justices will meet behind closed doors Thursday morning and are expected to debate and discuss — for the 14th time — Indiana’s appeal of court rulings that have blocked a law to prohibit certain abortions. The high court’s action — or so far, nonaction — in Indiana’s case gives one clue as to how the court’s conservative majority will decide the fate of abortion bans recently passed by lawmakers in Alabama and Georgia. Republican Gov. Kay Ivey of Alabama signed her state's ban into law on Wednesday. (Savage, 5/15)