Justices sound skeptical of the law, but the damage has already been done and it could get worse. irin reports
Pro-choice demonstrators are seen outside of the Supreme Court ion November 1, 2021. Photo: Mandel Ngan/AFP via Getty Images Supreme Court Justice Elena Kagan usually comes to oral argument with a cool precision, even light amusement. Near the end of Monday’s nearly three-hour session hearing two challenges to Texas’s abortion ban, there were moments where she seemed, to put it mildly, tired of the bullshit.
“That’s just not true, your honor,” Stone insisted. In fact, he said, the number of abortions in Texas clinics have only been cut in half or so. If we already know exactly the impact of Texas’s law on patients there, it’s because of the Supreme Court itself. For almost 50 years, the court has never allowed a state to ban abortion before the fetus is viable, at least 24 weeks into pregnancy, but since September 1 when the court refused to temporarily block the law pending challenges, it casually let Texas do so at around six weeks, so soon that many people don’t even know they’re pregnant.
Maybe the backlash got the attention of Justices Brett Kavanaugh and Amy Coney Barrett, both of whom voted to let the Texas law go into effect but sounded genuinely doubtful today. Maybe they are actually troubled by the broader implications of letting states do end runs around the Constitution, and they realize they can wait until the Mississippi case to straightforwardly end abortion rights in red states.
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