Legal scholars have many questions about the pending abortion decision
The Supreme Court has two days to make a decision next week. Get ready to hit the refresh button.
Judges will soon rule on one of the most significant cases in decades — one that could lead to abortions being banned or restricted in nearly half of the states. There is a good chance that the majority of the Supreme Court will stick to the leaked draft opinion and overrule it Raw vs. Wadewhich protects the right to abortion.
But what exactly should we pay attention to when the sentence falls? Health 202 turned to half a dozen legal experts and researchers on both sides of the debate to find out.
The most obvious question: Is the opinion deviating from the leaked draft?
Draft opinion, of course, wasn’t a done deal. Judges can keep it Ro sound or try to find a compromise (although some advocates and legal scholars question the latter’s existence).
However, the draft opinion was crossed out Ro – he got it Politico It was an extraordinary window into the judges’ thinking. And most experts didn’t think they were on a big note in their belief that conservative Supreme Court justices would not change their minds.
Are there agreed opinions?
These views are essentially in line with the rule of the majority and not with the logic behind it. Such a judge will write their own opinion and set their thinking.
All eyes are on the Chief Justice John J Roberts Jr. over here. During oral arguments in December, Looks like Roberts is trying to suggest Compromise of Kind, Says Other States Have Abortion Restrictions Similar to Mississippi Supreme Court Case, Our Colleague Robert Barnes mentioned.
The question is, if the judges were dropped Rowhether Roberts goes along with that but adds his own twist, and then such opinions will try to put any protective barriers on the abortion ban.
Here’s another scenario: If the majority of judges are overturned RoRoberts may decide that he disagrees.
“Maybe he won’t sign an opposition [Justice Sonia] Sotomayor, probably write his opposition Laurie Sobel, Co-Manager The Kaiser Family Foundation. “We may end up with many decisions, but there may be a majority decision.”
No matter what happens here, abortion rights advocates will be watching any opponents closely as a potential legal roadmap for the future, no matter who they write.
“I would be interested to see what dissenting opinions are doing as well, because that might be the starting point, on the pro-choice side, to move forward in conversations about how to reformulate a new constitutional policy or a constitutional vision for abortion rights,” he said. Mary Ziegler, Visiting Professor at Harvard Law School Specializes in the history of abortion law.
Will the ruling affect other rights?
Opinion draft by Justice Samuel A. Alito Jr.Says this coup Ro He will not jeopardize the rights of others, but court liberals may argue that, stickers Robert Barnes recently observed.
“We affirm that our decision concerns the constitutional right to abortion and not any other right,” Alito wrote. “Nothing in this opinion should be taken to cast doubt on antecedents not relating to abortion.”
some – like Carrie Campbell Severinopresident Judicial Crisis Network – Let’s say the leaked draft was very clear here. But critics argue that the reasoning could be extended further, such as contraception or same-sex marriage. These people say that keeping track of how this language is written will be key.
But when will the judgment come?
The Supreme Court has 18 cases Not decided yet This term, per scotos blog, including guns, climate change and religion in schools. The tradition goes as follows: the most controversial issues are usually saved for the last. So the court will likely rule next week or early July.
Corona virus financing deal unlikely after GOP criticism
Congressional Deal for Billions of Dollars in Additional Coronavirus Aid It seems everything except After Senate Republicans accused the White House of being dishonest about the country’s pandemic funding needs, The Post’s Dan Diamond reports.
Citing the White House’s newly announced plan for Redirect existing funds To cover the country’s most urgent needs, Mitt Romney (R-Utah) The Biden administration alleged that the Biden administration provided lawmakers with “clearly false” information about its inability to purchase additional vaccines, treatments and supplies.
- Biden administration officials insisted they were transparent about the White House’s needs and spendingAnd she had no choice but to Transfer of about 10 billion dollars Another priority, such as coronavirus testing, is to buy vaccines and treatments due to congressional inaction.
- But the longer extra dollars are in fluxthe longer the state delays in the race for next-generation vaccines and treatments, administration officials have argued, especially as they warn of autumn or winter It can infect 100 million Americans.
White House officials have spent months pleading with Congress for more funding for pandemics. But yesterday’s session painted a bleak picture for analysts on Capitol Hill, experts say without the support of Romney and the senator. Richard Burr (RN.C), who spent weeks trying to help secure advance concessions, Democrats are unlikely to get 60 votes for the funding package.
“It was the most organized event I’ve seen in my 28 years here,” Burr said. “This is designed to pressure Republicans to open a checkbook, sign the check and allow the administration to fill the scale.”
For more information on yesterday’s session, read Dan 🧵:
Collins: What specific data prove that broad-based mask mandates lead to lower case numbers?
Walinsky retracts Leonhardt piece+ citing data on mask mandates operating early in the pandemic. pic.twitter.com/c9vj66dPR5
– Dan Diamond (@ddiamond) June 16, 2022
Florida ‘positively against’ coronavirus vaccines for young children
Government. Ron DeSantis (R) He said yesterday that Florida will not dedicate No government programs to give coronavirus vaccines to young children, yet Food and Drug AdministrationINDEPENDENT CONSULTANTS unanimously supported shots Moderna And the Pfizer-Biwantech earlier this week, Politico reports.
DeSantis argued that coronavirus vaccines have not been adequately tested to determine their effectiveness, and that children are the least likely to get seriously ill from the virus. But DeSantis’ comments contradict the data in the footage. The Food and Drug Administration said Both vaccines for young children safe and effective, The agency’s expert advisors said the benefits of the shots outweigh any risks, which is the standard for licensing emergency use.
Main context: In March, Florida became the first in the country recommend against Giving Corona Virus Vaccines To Children 5 Years And Over, And Separation guidance From Centers for Disease Control and Prevention.
“I would say we are strongly against the Covid vaccine for young children,” DeSantis said yesterday. But he noted that parents in Florida are still “free to choose” the vaccine if they wish still available Because clinics and pharmacies can order it directly from the federal government, News agency Notes.
White House Press Secretary Karen Jean-Pierre confirmed that Florida is the only state in the country that has not yet ordered coronavirus vaccines for its young children:
On Wednesday, a US Food and Drug Administration panel approved COVID-19 shots for children under five.
Florida is the *only* state that doesn’t pre-order children’s vaccines — which means pediatricians won’t get instant vaccines [&] Ready ‘to protect this age group. pic.twitter.com/yOgTb1KwTG
– NowThis (@nowthisnews) June 16, 2022
white house recipes
In preparation for the end of Rowe, Biden weighs executive actions
The Biden administration is studying whether to take Executive actions to help protect access to abortions in Republican-controlled states if the Supreme Court overturns Raw vs. Wade In the coming weeks The New York Times reports.
President Biden cannot re-establish a constitutional right by executive order. It would require congressional action to prevent states from banning abortion, as Republicans could block such a law. But Biden He indicated that it is permissible He does some movements on his own.
Here are some ideas that are on the table, according to Charlie Savage of the New York Times:
- Declaring a national public health emergency
- to equip Department of Justice To combat any attempt by states to criminalize travel for the purpose of obtaining an abortion
- Emphasize that FDA regulations granting approval for abortion drugs preempt any government bans
But orders can be a double-edged sword. Experts say that while Biden’s approach will earn him praise from the left, it could also be used by Republicans to turn the narrative into an alarming narrative of alleged executive overreach. Warrants may face an uphill battle against legal challenges in the courts.
Abortion rights groups and Democrats in Congress press hard For the White House to mitigate the repercussions if the constitutional protection of the measure to retreat. White House Adviser Dana Remus; Director of the Gender Policy Council Jennifer Klein; Director of the Internal Policy Council Susan Rice Among those involved in this effort.
Senator Patty Murray (D-Wach), who has called on Biden to take executive action to support abortion access:
- Senate approved bipartisan legislation Yesterday to promote health care and benefits For the millions of veterans who suffered toxic burns during their military service, preparing the bill for vote at home.
- Deborah Birx, who served as the Trump administration’s coronavirus response coordinator, will Witness before Congress in Thursday On the federal government’s early response to the pandemic, our colleague Dan Diamond Writes.
- Centers for Medicare and Medicaid Services Approved Procedures in Maine, Minnesota, New Mexico and Washington, D.C., to extend postpartum coverage for 12 months for an additional 15,000 Medicaid And the Children’s health insurance program (CHIP) registered.
Thanks for reading! Look at you all tomorrow.