‘A crime’ Senate has not codified Roe v Wade, says congresswoman
Women and health care providers across the country are preparing for the possible end ofRoe V Wadethe landmark Supreme Court ruling that granted federal protection to abortion rights.
The Supreme Court is set to release opinions on Tuesday 21 June.
As reported in Politico, a leaked Supreme Court draft decision showed that the court intended to strike down the precedent despite at least three justices claiming during their confirmation hearings that they would recognize precedent.
The ruling is expected to come soon, though its unclear exactly how close the court is to a ruling. In the mean time, women are scrambling for healthcare before their rights are stripped away, and doctors are preparing to make difficult judgment calls in a post-gnaws America.
“How almost dead does someone need to be?” Dr. Leilah Zahedi, a maternal fetal medicine physician in Tennessee who specializes in high-risk pregnancies and performs abortions, asked in a New York Times interview. “Am I to just watch someone bleed to death? Or provide the care and then be reported and go to jail? I don’t know.”
Fourth opinion: Carson v Makin
Chief Justice Roberts writes the fourth opinion released by the court today, Carson v Makin, a 6-3 decision.
This case was a challenge to the constitutionality of a Maine program that pays tuition for some students to attend private schools when their own school district does not operate a public secondary school.
The court holds that the Maine program violates the free exercise clause. A neutral benefit program that gives public funds to religious organizations through the independent choices of the recipients of those benefits does not violate the Constitution’s establishment clause.
Justice Breyer wrote the dissenting opinion and was joined by justices Kagan and Sotomayor.
Oliver O’Connell21 June 2022 15:32
Possibly no decision on Roe v Wade today
As Justice Breyer is the author of US v Washington, the court has skipped right over any opinions written by justices Kagan, Sotomayor and Alito — who wrote the draft opinion in the Dobbs case.
That could mean we’re not getting that ruling today, unless another justice wrote a final opinion, including Chief Justice John Roberts, who tried to navigate a “middle ground” that could leave Roe and the Mississippi law in place but lower the “viability ”threshold. Mississippi’s law bans abortion at 15 weeks.
Oliver O’Connell21 June 2022 15:29
Third opinion: US v Washington et al.
This case is a challenge by the federal government to a special Washington state worker’s compensation law for federal contract workers employed at the Hanford site in the state, which produced weapons-grade plutonium for the US nuclear program but also generated large amounts of radioactive waste. The law creates a presumption that workers will be eligible for benefits if they contract certain diseases, including cancer.
The Court holds that the state law is unconstitutional under the Supremacy Clause, which generally immunises the Federal Government from state laws that directly regulate or discriminate against it.
Oliver O’Connell21 June 2022 15:23
Second opinion: US v Justin Eugene Taylor
Justice Gorsuch is the author of the next opinion, US v Justin Eugene Taylor, with a 7-2 majority and justices Thomas and Alito dissenting.
The question before the court was whether an attempted (but ultimately unsuccessful) robbery under the Hobbs Act, which criminalises an attempt to commit a robbery that affects interstate commerce, qualifies as a “crime of violence” for purposes of a federal law that makes it a federal crime to use a gun in a “crime of violence”.
The answer is no. Justice Gorsuch writes that Taylor can be subject to up to 20 years in prison for his Hobbs Act conviction, but the court cannot impose an additional 10 years.
Oliver O’Connell21 June 2022 15:15
First opinion: Marietta Memorial Hospital v Davita
The first opinion out today from the court is Marietta Memorial Hospital v Davita, written by Justice Kavanaugh in a 7-2 decision with justices Kagan and Sotomayor dissenting.
This is a case about whether a group health plan that provides limited benefits for outpatient dialysis but treats all plan participants the same, violates the Medicare Secondary Payer statute. The answer is no.
Oliver O’Connell21 June 2022 15:10
SCOTUS opinions due from 10am
The Supreme Court releases opinions on cases individually on its website starting from 10am, publishing one every 10 minutes.
Each opinion is released in reverse seniority order, with Justice Amy Coney Barrett first, followed by Brett Kavanaugh, and so on.
On 15 June, six opinions were released, and on 13 June five were published.
It is not certain whether the decision on Roe v Wade will be released today.
Oliver O’Connell21 June 2022 14:58
What is Planned Parenthood v Casey? Landmark abortion ruling at risk alongside Roe v Wade
While Roe v. Wade is the most well known case guaranteeing abortion access in the US, a 1992 Supreme Court case was pivotal in upholding those rights.
In 1992, Democratic Governor Robert Casey introduced new laws restricting women’s rights to access abortion. Planned Parenthood sued the governor, and the Supreme Court ruled in its favour.
For more on the landmark ruling, read Rachel Sharp’s story below:
Oliver O’Connell21 June 2022 14:36
Samuel Alito: Who is the Supreme Court justice who wrote leaked draft overturning Roe v Wade?
Mr Alito is the author of a draft opinion overturning the landmark Roe v. Wade Case.
Andrew Feinberg has the story.
Graeme Massie21 June 2022 13:58
Why these prosecutors are refusing to enforce criminal anti-abortion laws in their states
‘Trigger’ bans in more than a dozen states will quickly or immediately outlaw abortion without Roe v. Wade protections. It will be up to the discretion of district attorneys and law enforcement whether providers will be criminally charged, Alex Woodward reports.
Graeme Massie21 June 2022 12:06
Congresswoman who authored abortion rights bill calls Senate’s inaction to codify Roe v Wade ‘such a crime’
The California Congresswoman and author of Democrats’ legislation to codify abortion protections speaks with Eric Garcia about the end of Roe v. Wadeabortion rights and why the filibuster needs to go.
Graeme Massie21 June 2022 10:05