I think Obergafell was the only dissent he’s read from the bench.
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But then note what he did (or didn’t do) in Pavan. Conservatives hate him for this, but Roberts isn’t particularly “brave” when advancing conservative ideology in the face of public opposition/condemnation; again, see NFIB.
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I thought the consensus was we have no idea if he joined the majority in Parvan because they don’t have to join either majority or dissent on summary reversal ? cc
@JoshuaMatz8 -
Yes, you’re right - but he didn’t put his name on the Gorsuch opinion, which says something to me.
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I guess I can’t fault you for searching out a silver lining, but I’m far less optimistic. Seems more likely he was just saving his fire for a full opinion in a case he could win.
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Garcia v San Antonio Transit Auth., however, is probably done
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Quite possibly - but in fairness,
#scotus has been flip flopping for years in that area.
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I disagree -- I think there's a good chance they'll overrule it. Would this be interbranch warfare? Obamacare was a federal law; these would be state laws.
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Fair enough; I think a better noun would have been (excuse my French) “epic s#%t storm.” ;-)
#scotus -
Ha, fair. But if there are four votes to grant cert, I don't think he would vote to strike down a state law on the basis of Roe. I could see him voting to deny cert, but once the case is before him, I think he'll vote to overrule.
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Seems like wishful thinking.
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Happy to make a friendly wager on this for, say, five years from now. Yes, more abortion restrictions will be upheld, but as a formal, doctrinal matter, Roe isn’t getting overruled.
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You're literally writing this the same day that Roberts was part of the majority that voted, in a massive advance for conservative ideology, to overrule Abood.
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You can’t compare Abood, which is
#scotus /#AppellateTwitter inside baseball, with Roe, which is a household name. -
The case wasn't a household name, but the union protections thing got a lot of play. He's clearly been dodging 2nd Amendment cases, and NFIB was a very nuanced decision, but I don't see him walking away from a chance to overrule Roe.
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Abood? The entire line of commercial speech first amendment jurisprudence? Seriously?
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Roe is gigantic compared to Abood - much older, more reliance interest, more political fallout for
#scotus. -
About the same age actually and older than Casey
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That’s reassuring, but let’s play the hypothetical - it’s been awhile since I took Con Law
@nyulaw! What are the federalism implications for a state like NY/NJ that wants to protect abortion rights should Roe be overturned and Congress follows with sweeping restrictions? -
Again, I don’t a congressional ban is coming - and then there would be federalism concerns re: stopping blue states from having liberal abortion regimes.
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Lol, federalism concerns. That’s cute. Naive, but cute.
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