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DavidLat's profile
David Lat
David Lat
David Lat
Verified account
@DavidLat

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David LatVerified account

@DavidLat

Lawyer turned writer, editor, and speaker. Founder, Above The Law (@ATLblog) and Underneath Their Robes. Author, Supreme Ambitions: A Novel (@SCOTUSambitions).

New York, NY
bit.ly/DavidLat
Joined April 2008

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    1. SP Eaton‏ @speaton Jun 28

      Sincere Question (especially for attorneys): Is there any portion of Roe v Wade that could be challenged and potentially overturned in the course of any future case heard by SCOTUS? (1)

      1 reply 0 retweets 1 like
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    2. SP Eaton‏ @speaton Jun 28

      Unlike Congress, SCOTUS doesn't work from a "List of Stuff to Undo", do they? They choose what cases to take up after review, right? They can't just show up for work and say, "Alrighty, today we take down Citizens United" right? They need a case before them to do it, right? (2)

      1 reply 0 retweets 1 like
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    3. SP Eaton‏ @speaton Jun 28

      If I understand that part correctly, it seems like the decades-long effort to legislate roadblocks to the availability of abortions have severely limited any angle to challenge Roe v Wade. (3)

      1 reply 0 retweets 0 likes
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    4. SP Eaton‏ @speaton Jun 28

      What would be the challenge to Roe in the course of a case that could elevate it to SCOTUS? Would it have to be a backdoor argument by a plaintiff that was denied an abortion by a doctor that doesn't regularly perform them to bring it up? (4)

      1 reply 0 retweets 0 likes
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    5. SP Eaton‏ @speaton Jun 28

      Because of the limitations put on the availability by way of state laws, fear of protests, insurance coverage, etc., abortion providers are deliberate in their service choice. Anyone suing a non-provider would likely be told to seek out a provider (next time) by a lower court (5)

      1 reply 0 retweets 0 likes
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    6. Angela of Themyscira‏ @gingela Jun 28
      Replying to @speaton @SethAbramson and

      .@jimbogolden ? Thoughts on this?

      1 reply 0 retweets 1 like
    7. Martha Sperry‏ @advocatesstudio Jun 28
      Replying to @gingela @speaton and

      Interesting question. Haven’t thought a great deal about it but interested to hear peoples’ answers. Imagine there are going to be a lot of similar questions in the coming days.

      2 replies 0 retweets 3 likes
      David Lat‏Verified account @DavidLat Jun 28
      Replying to @advocatesstudio @gingela and

      But I don't think that will happen (2/2), as I explain in this @ATLblog story:http://bit.ly/2yR1cRb 

      12:05 PM - 28 Jun 2018
      • 3 Likes
      • Andrew L. Seidel Martha Sperry SP Eaton
      1 reply 0 retweets 3 likes
        1. SP Eaton‏ @speaton Jul 1
          Replying to @DavidLat @advocatesstudio and

          Thank you for the answer and the link to your excellent post. It's difficult in the "Every Lede Bleeds Out" near-hysterical news atmosphere we're in to find thoughtful nuance in an article. Thanks again @DavidLat!

          0 replies 0 retweets 1 like
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