While Kennedy did not act in concert w the liberals, & suggested remand as a poss at points, he also asked a few skeptical ?s to TX SG.
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Justice Thomas asked no questions, leaving the Chief Justice and Justice Alito alone to try and press the conservatives' case.
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The worst-case scenario for abortion rights supporters going into args was a 4-4 split court, as I discuss here:http://www.buzzfeed.com/chrisgeidner/supreme-court-tackles-texas-abortion-provider-restrictions-l#.ixDzr2zWP …
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After args, I think worst-case scenario for abortion rights supporters is 4 for striking down, AMK writing alone (mixed), 3 for upholding.
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In the alternative, a remand is a possibility on the issue of abortion provider capacity in Texas.
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But, I think there is a strong likelihood of a 5-3 decision against the provisions (w a possibility of remand on severability issues).
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Here's my first report out of the Whole Woman's Health oral arguments at
#SCOTUS this morning:http://www.buzzfeed.com/chrisgeidner/supreme-court-tackles-texas-abortion-provider-restrictions-l#.edQ1NV5pRo … - 2 more replies
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@chrisgeidner so four "justices" favor killing viable Babies in unsafe clinicsThanks. Twitter will use this to make your timeline better. UndoUndo
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@chrisgeidner any indication of Justice Kennedy's inclination?Thanks. Twitter will use this to make your timeline better. UndoUndo
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