Inside the Supreme Court’s negotiations and compromise on Idaho’s abortion ban

By Joan Biskupic, CNN Chief Supreme Court Analyst
Mon July 29, 2024

The Supreme Court began the year poised to build on its 2022 decision overturning Roe v. Wade and to deliver a new blow to abortion access.

In January, the court took the extraordinary step of letting Idaho enforce its ban on abortion with an exception only to prevent the death of a pregnant woman, despite an ongoing challenge from the Biden administration arguing that it intruded on federal protections for emergency room care.

Continued: https://www.cnn.com/2024/07/29/politics/supreme-court-idaho-abortion-emtala-biskupic/index.html

USA – The Reactionary Justices Won’t Stop Until Abortions Are Illegal Everywhere

Oral arguments in Idaho case make clear that further, even more radical attacks on reproductive freedom are coming.

JEET HEER
April 26, 2024

The five right-wing Supreme Court justices who overturned the constitutional right to abortion in the 2022 decision Dobbs v. Jackson built their argument on lies, one of which was a promise (pinkie swear!) that, despite the apparent radicalism of extinguishing Roe v. Wade, the court would henceforth respect precedent, leave abortion to the political arena, and not touch other decisions recognizing social and sexual rights. Writing for the majority, Justice Samuel Alito told a story that went something like this: Roe was such a bad decision that it was an outlier, a rare precedent that—like the 1896 Plessy v. Ferguson decision that enshrined racial segregation—was so egregious the court had to cast it aside. Roe was bad because it took abortion, properly a decision best left to the democratic contestation in the state and federal legislatures, and imposed a national consensus that had no popular legitimacy. According to Scalia, “The Court short-circuited the democratic process by closing to it the large number of Americans who dissented in any respect from Roe.”

Continued: https://www.thenation.com/article/society/supreme-court-abortion-idaho/

26.04.2024

Commentary

Clarence Thomas

Dobbs v. Jackson Women's Health Organization

Emergency Medical Treatment and Labor Act

USA – Justices appear skeptical of call to restrict abortion pill

A decision, likely to come in June, would be a major victory for the FDA’s authority to regulate prescription drugs and for abortion-rights advocates who have sought to protect access to mifepristone.

By ALICE MIRANDA OLLSTEIN and JOSH GERSTEIN
03/26/2024

The Supreme Court on Tuesday appeared skeptical of an effort to restrict access to a widely used abortion pill — with conservative and liberal justices alike raising questions about whether anti-abortion doctors can prove concrete injuries that give them standing to sue and whether a national judicial ruling rolling back availability of the drug is justified.

During the roughly 90 minutes of oral arguments, two conservative justices likely to be pivotal votes in the case — Neil Gorsuch and Amy Coney Barrett — expressed repeated doubts about harms the anti-abortion physicians claimed they’ve faced in treating patients who’ve taken abortion pills and needed follow-up care. Those two justices also questioned whether curtailing access to the drug would address those alleged harms.

Continued: https://www.politico.com/news/2024/03/26/scotus-restrict-abortion-pill-mifepristone-00149039

26.03.2024

News

Alliance for Hippocratic Medicine

Amy Coney Barrett

Chief Justice John Roberts

Elizabeth Prelogar

Erin Hawley

Ketanji Brown Jackson

USA – The Current Attack on Abortion Pills Will Fail. The Next One Will Be So Much Worse.

BY DAHLIA LITHWICK AND MARK JOSEPH STERN
MARCH 26, 2024

There are always a couple of tells when the most conservative Supreme Court in more than a century finds itself adjudicating a truly mortifying and meritless case. One is that it’s coming up by way of the U.S. Court of Appeals for the 5th Circuit, a court that so consistently shovels its worst constitutional garbage upward that the high court conservatives are often forced to reluctantly lob it back. Another tell is when the facts of the case are so laugh-out-loud insane that even conservative justices can’t bring themselves to adopt them or the underpinning legal reasoning with a straight face. There’s yet a third tell: when the conservative justices start injecting a bunch of nonsense and randomized pet peeves into oral argument to distract from how embarrassing it would be to discuss the merits of the actual case.

Continued: https://slate.com/news-and-politics/2024/03/mifepristone-supreme-court-alito-national-abortion-ban.html

Behind the Scenes at the Dismantling of Roe v. Wade

By Jodi Kantor and Adam Liptak
Dec. 15, 2023

On Feb. 10 last year, Justice Samuel A. Alito Jr. showed his eight colleagues how he intended to uproot the constitutional right to abortion.

At 11:16 a.m., his clerk circulated a 98-page draft opinion in Dobbs v. Jackson Women’s Health Organization. After a justice shares an opinion inside the court, other members scrutinize it. Those in the majority can request revisions, sometimes as the price of their votes, sweating sentences or even words.

Continued: https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion.html

5 Takeaways From Inside the Overturning of Roe v. Wade

A Times investigation reveals the behind-the-scenes story of how the Supreme Court abolished the constitutional right to abortion.

By Jodi Kantor and Adam Liptak
Dec. 15, 2023

By the time the Supreme Court overturned Roe v. Wade last year, a draft of the ruling had been leaked to the press and the outcome was anticipated. The story behind the decision seemed obvious: The constitutional right to abortion effectively had died with Justice Ruth Bader Ginsburg, whose replacement, Amy Coney Barrett, was a favorite of the anti-abortion movement.

But that version is far from complete. The New York Times pieced together the hidden narrative behind this titanic shift in the law, drawing on internal documents, contemporaneous notes and interviews with court insiders who had real-time knowledge of the events.

Continued: https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion-takeaways.html

How Ginsburg’s death and Kavanaugh’s maneuvering shaped the Supreme Court’s reversal of Roe v. Wade and abortion rights

By Joan Biskupic, CNN Senior Supreme Court Analyst
Thu March 23, 2023

Editor’s Note: Adapted from “NINE BLACK ROBES: Inside the Supreme Court’s Drive to the Right and Its Historic Consequences,” by Joan Biskupic, to be published April 4 by William Morrow.

Within days of Justice Ruth Bader Ginsburg’s memorial service in late September 2020, boxes of her files and other office possessions were moved down to a dark, windowless theater on the Supreme Court’s ground floor, where – before the ongoing pandemic – tourists could watch a film about court operations.

Grieving aides to the justice who’d served 27 years and become a cultural icon known as the “Notorious RBG” sorted through the chambers’ contents there.

Continued: https://www.cnn.com/2023/03/23/politics/supreme-court-abortion-joan-biskupic-nine-black-robes/index.html

USA – Unequal Justice: Did Five Supreme Court Justices Lie About Abortion?

In their auditions for the highest court in the land, each of them was at least materially misleading.

BY BILL BLUM
FEBRUARY 20, 2023

The Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization, issued last year, overturned Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), and dismantled the federal constitutional right to abortion. One of the lingering questions in the aftermath of Dobbs is whether any of the five justices who voted to take that drastic step lied about their views on abortion during their respective confirmation hearings before the Senate Judiciary Committee.

A strong argument can be made that each of them either lied or made materially misleading statements.

Continued: https://progressive.org/latest/unequal-justice-supreme-court-justices-abortion-lie-blum-20223/

The inside story of how John Roberts failed to save abortion rights

Joan Biskupic, CNN legal analyst & Supreme Court biographer
Tue July 26, 2022

Chief Justice John Roberts privately lobbied fellow conservatives to save the constitutional right to abortion down to the bitter end, but May's unprecedented leak of a draft opinion reversing Roe v. Wade made the effort all but impossible.

It appears unlikely that Roberts' best prospect -- Justice Brett Kavanaugh -- was ever close to switching his earlier vote, despite Roberts' attempts that continued through the final weeks of the session.

Continued: https://www.cnn.com/2022/07/26/politics/supreme-court-john-roberts-abortion-dobbs/index.html

A 49-year crusade: Inside the movement to overturn Roe v. Wade

Antiabortion activists and their Republican allies are on the cusp of reaching a goal they have sought for decades in tossing out the 1973 Supreme Court ruling legalizing abortion.

By Michael Scherer, Josh Dawsey, Caroline Kitchener and Rachel Roubein, Washington Post
May 7, 2022

Senate Minority Leader Mitch McConnell still remembers the shock he felt when Donald Trump won the 2016 election. He also recalls what happened next.

“The first thing that came to my mind was the Supreme Court,” McConnell said in an interview this past week, remembering his reaction that night as he watched results from a basement office at the National Republican Senatorial Committee. He soon called Donald McGahn, campaign counsel to the president-elect, who was slated to become the top White House lawyer.

Continued: https://www.washingtonpost.com/politics/2022/05/07/abortion-movement-roe-wade/