Chief Justice Roberts Not Writing Abortion Opinion In Case You Still Had Any Delusions About How Bad This Will Be
The Supreme Court just handed down Cummings v. Premier Rehab Keller, another 6-3 opinion advancing the new canon of statutory construction irrumabo populus. While important to future deaf and blind Americans who mistakenly believed laws making it illegal to discriminate against deaf and blind people actually meant it was illegal to discriminate against deaf and blind people, the opinion held additional significance to Court observers seeking a sneak preview of the upcoming abortion decision.
googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-top-300x250" ); googletag.enableServices(); });And it looks pretty bleak!
Sponsored Outstanding Opportunity For An Experienced M&A Attorney Generous benefits for the right candidate. Apply within. From Kinney RecruitingDobbs v. Jackson Women’s Health Organization deals with Mississippi’s 15-week abortion ban, a statute with zilch legal foundation under Roe v. Wade. But, as they say, “If we change the Constitution, then we can make all sorts of crazy laws!”
Many openly pinned their hopes for saving a half-century of Roe on “institutionalist” John Roberts — the legal equivalent of cashing your 401k to join the Squid Game. I’m not saying John Roberts is the kind of guy who would sell out his own cousin, I’m saying John Roberts literally sold out his own cousin, so what do you think he’s going to do for you?
googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-middle-300x250" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-storycontent-440x100" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-in-story-youtube-1x1" ); googletag.enableServices(); });But, as Professor Leah Litman explained in a Tweet, today’s Cummings decision should more or less squelch even the slim prospect of Roberts as the Great Milquetoast Hope:
Sponsored Sponsored Outstanding Opportunity For An Experienced M&A Attorney Generous benefits for the right candidate. Apply within. From Kinney Recruiting Sponsored Keep Current With Ukraine Legal Issues Stay on top of the legal ramifications of the war in Ukraine with Lexis® Practical Guidance and Law360® news as up to date as the… From LexisNexis Sponsored The Real Costs Of Full-Time Vs. Flexible Lawyers Introducing the Real Cost Calculator, a proprietary tool from Axiom that enables GCs to identify hidden hiring expenses. From Above The Law and Axiom Sponsored Keep Current With Ukraine Legal Issues Stay on top of the legal ramifications of the war in Ukraine with Lexis® Practical Guidance and Law360® news as up to date as the… From LexisNexisSo what does this mean? It’s of course possible, Litman notes, that “the Chief could/would have assigned the opinion to Barrett or Kavanaugh, in the hope that they would see their way to not completely overruling Roe, but just eviscerating it (for now).” But relying on Barrett or Kavanaugh to come through with a reasonable, restrained opinion is like handing a Faberge Egg to a water buffalo — where the water buffalo is also a religious zealot accused of sexual assault.
Bringing us to the more likely outcome:
googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-bottom-300x250" ); googletag.enableServices(); });Occam’s Razor has a remarkable batting average.
Sponsored Sponsored Make The Right First Impression It’s true that the first impression you give prospective clients will be a lasting one. From AbovetheLaw And Thomson Reuters Sponsored Twenty-Third Annual Institute on Privacy and Cybersecurity Law This annual program, led by top experts, focuses on the current critical issues of information privacy, cybersecurity, and data protection. Learn more. From PLIJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
TopicsAbortion, Courts, John Roberts, Supreme Court
Introducing Jobbguru: Your Gateway to Career Success
The ultimate job platform is designed to connect job seekers with their dream career opportunities. Whether you're a recent graduate, a seasoned professional, or someone seeking a career change, Jobbguru provides you with the tools and resources to navigate the job market with ease.
Take the next step in your career with Jobbguru:
Don't let the perfect job opportunity pass you by. Join Jobbguru today and unlock a world of career possibilities. Start your journey towards professional success and discover your dream job with Jobbguru.
Originally posted on: https://abovethelaw.com/2022/04/chief-justice-roberts-not-writing-abortion-opinion-in-case-you-still-had-any-delusions-about-how-bad-this-will-be/