Tilted
..
The Supreme Court will hear argument today in Whole Woman's Health v Hellerstedt. That case involves a challenge to two provisions of Texas law that regulate abortion clinics and which many people think (quite correctly I'd say) were intended to limit access to abortion in the state. The legal issues being considered are a bit nuanced, but they might reasonably be seen as boiling down to this: How much deference do state legislatures get when they pass regulations ostensibly meant to make abortion procedures safer for would-be mothers rather than meant to restrict abortion itself. At any rate, this case could be quite impactful going forward when it comes to how much states can do to restrict access to abortions.
Justice Scalia's death likely won't affect the outcome of this particular case, but it may well affect whether the outcome of this particular case has lasting importance. Texas mostly won in the 5th Circuit and a 4-4 vote in the Supreme Court would mean that the 5th Circuit's decision stands. However, that would make it likely that the Supreme Court would be wiling to rehear pretty much the same issues in another case in order to reach a majority decision and establish a lasting precedent. If the present case does end up 4-4, that would mean that Justice Scalia's vote would almost certainly have made it 5-4 such that a (potentially) lasting precedent was set.
On the other hand, if Justice Kennedy sides with the more liberal Justices the decision would be 5-3 and Justice Scalia's death would not have mattered as much for this case (other than to have perhaps deprived us of another of his <insert preferred adjectives here> dissents).
Here is the decision from the 5th Circuit. I'll post a transcript of the oral argument when it's available, that should be some time this afternoon.
Justice Scalia's death likely won't affect the outcome of this particular case, but it may well affect whether the outcome of this particular case has lasting importance. Texas mostly won in the 5th Circuit and a 4-4 vote in the Supreme Court would mean that the 5th Circuit's decision stands. However, that would make it likely that the Supreme Court would be wiling to rehear pretty much the same issues in another case in order to reach a majority decision and establish a lasting precedent. If the present case does end up 4-4, that would mean that Justice Scalia's vote would almost certainly have made it 5-4 such that a (potentially) lasting precedent was set.
On the other hand, if Justice Kennedy sides with the more liberal Justices the decision would be 5-3 and Justice Scalia's death would not have mattered as much for this case (other than to have perhaps deprived us of another of his <insert preferred adjectives here> dissents).
Here is the decision from the 5th Circuit. I'll post a transcript of the oral argument when it's available, that should be some time this afternoon.