Here's how the 2022 decision in Dobbs v. Jackson Women's Health Organization can inform what the Supreme Court might do in this case:Through the 6-3 ruling in Dobbs, the justices gave states back the right to form restrictive or permissive abortion laws while taking a neutral stance on the constitutionality of abortion.
"It's just so speculative," Jessie Hill, a constitutional law professor at Case Western Reserve University specializing in reproductive health rights, told the Washington Examiner about anti-abortion plaintiffs' arguments."It's a pretty weak case for standing," Hill said, expressing skepticism that the plaintiffs can ultimately show they have suffered a concrete or particularized injury, which is required to sue in federal court.
If the court does take up an appeal stemming from Kacsmaryk's decision, it would likely not deal with the"basic legality" of medication abortion. Rather, it would look at the question as an administrative law issue.At its heart, the issue over the abortion pill injunction is"really more an administrative law question than an abortion question," Hill said, noting the Supreme Court could decide this case"without ever citing or referencing Dobbs.
In the Biden administration's bid to freeze the ruling at the U.S. Court of Appeals for the 5th Circuit, the Justice Department laid out three pillar arguments against the preliminary injunction. When the DOJ asked the 5th Circuit to freeze Kacsmaryk's ruling earlier this week, it requested a response by no later than Thursday at noon, just hours before the injunction against the drug is slated to take effect Friday.
How did the leak “pave the way” for Roe being overturned? That makes literally no sense. If anything it was an attempt to stop the inevitable. And how on earth don’t they know who did it to this day?
Who leaked the Dobbs decision. Get to work Roberts.
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