A look at the likely court fight over abortion rights
But
The passage of abortion restrictions in Republican-led states and a corresponding push to buttress abortion rights where
Several state restrictions already are pending before the justices, and it seems likely that at least one abortion case will be on the court's calendar next term, with a decision likely in the midst of the 2020 presidential campaign.
Some questions and answers on the legal fight over abortion rights and how the
HOW QUICKLY COULD THE
Not that quickly. The law is certain to be challenged in federal court in
WHAT ABORTION CASES MIGHT REACH THE HIGH COURT SOONER?
Separately, Roberts and the liberal justices blocked a
Four other states —
ISN'T IT RISKY FOR ABORTION-RIGHTS ADVOCATES TO CHALLENGE THESE LAWS IN COURT?
Abortion-rights activists say they have no alternative but to file lawsuits challenging every tough abortion ban passed.
"Were we not to challenge them, they would go into effect," said
The
"It would be an extraordinary thing for the
Anti-abortion activists hope the high court will be willing to reconsider Roe.
"It is clearer than ever that Roe is far from being settled law in the eyes and hearts of the American people, and this is increasingly reflected in state legislatures," said
HOW MIGHT CHANGES ON THE COURT AFFECT RULINGS ON ABORTION?
Kennedy's retirement and Kavanaugh's confirmation in October leave the four liberal justices playing defense, or trying to prevent the court from undoing earlier decisions. Kennedy was a key part of the court majority that reaffirmed abortion rights in 1992 in a decision that measures restrictions on abortion by whether they place an "undue burden" on a woman's right to have one.
The justices don't overturn precedent often, even when it's a decision they disagree with. And when they do, it's usually because an earlier decision is "egregiously wrong," as Kavanaugh put it earlier this term.
Justice
Breyer, joined by liberal colleagues
Justice
WHY MIGHT ROBERTS HOLD THE KEY?
With Kennedy gone, Roberts is now the justice closest to the court's center. The chief justice also has a track record of preferring smaller bites before making significant changes in constitutional law.
"You do see consistently in the chief justice's career a willingness to go incrementally and only decide what the court needs to resolve in the case before it," said
Roberts also is aware of the questions the court would face if a conservative majority of justices, all appointed by Republican presidents, were to reverse the abortion decisions, Moreland said.
Still, Roberts has, with one exception, favored abortion restrictions. His provisional vote to block the
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