Whole Woman’s Health v. Hellerstedt
The Court majority is correct, assuming that we allow that abortion is a constitutionally protected right upon which states cannot place an undue burden. We all know that the purpose of the Texas laws was to make it almost impossible for women to get abortions while pretending to just be safety regulations. The justices on the Court all went to Ivy League law schools, they aren’t so stupid to be fooled by that.
Thomas is right that the Court is going out of its way to protect abortion rights when they would ignore most other stupid state regulations, but since the anti-abortion people are going out of their way to try to outlaw abortions on the sneak, I think it it’s appropriate for the Court to put the kibosh on that.
It’s notable that this was a 5-3 decision (with Kennedy being int he majority), so even if Scalia were still alive, this decision would have run the same way.
When can the anti-abortion people give up on this issue and move on? Maybe after Hillary get’s elected president, and she packs the court with more ultra-liberals, they will finally give up? And since a lot of anti-abortion conservatives seem to hate Trump so much they’d rather see Hillary win, does that mean they are ready to give up?
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The above analysis has nothing to do with whether the original Roe v Wade decision made constitutional sense, or whether the Court back then just made up a bunch of crap legal “reasoning” because they thought abortion rights were too important to not make it a constitutional right.
Once you accept stare decisis with respect to Roe v. Wade and other previous abortion cases, then it’s obvious that Texas was trying to prohibit abortion on the sneak in violation of women’s right to have an abortion under the existing constitutional case law.