#SCOTUS: When Alito questioned whether the clinics really had to close bc of the TX law, Kagan jumped in:pic.twitter.com/TTGGVeOoPx
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#SCOTUS: When Alito questioned whether the clinics really had to close bc of the TX law, Kagan jumped in:pic.twitter.com/TTGGVeOoPx
#SCOTUS: Later, Sotomayor made sure to make abundantly clear to Kennedy how the law could affect women's health:pic.twitter.com/UlvfDyhwFS
#SCOTUS: Importantly, Kennedy later raised this issue himself — in a question to Texas' lawyer:pic.twitter.com/nRwmJI42uM
Returning to Sotomayor, tho, she wasn't done, moving on to a question about D&C abortions v. other D&C procedures.pic.twitter.com/iQEPhAO1MV
Then, the Chief thought Sotomayor was done. She wasn't.pic.twitter.com/30f7Jm3XLB
tl;dr: "Thank you, counsel," is the Chief Justice's safe-word, but it didn't work on Wednesday. [This came up repeatedly.]
Compared to the forcefulness of the liberals, the Chief and, to a lesser degree, Alito sounded like they knew they were on shaky ground.
The liberals were aiming at showing Kennedy EXACTLY and REPEATEDLY how the TX law ~has~ to be unconstitutional under Casey.
OTOH: The Chief was asking technical questions — w exception of his "substantial obstacle" focus — & Alito was focused on plaintiff's proof.
RETURNING TO THE ARGUMENTS: We pick up when Texas Solicitor General Scott Keller got up.
In short: Ginsburg. Was. Waiting. For. Him.pic.twitter.com/XNV1uk2zZY
Then, Sotomayor asked about how/when the court can judge "whether there's really a health benefit" from the TX law?pic.twitter.com/sJWXVqDVTF
Which included Sotomayor's sharp: "I'm not talking about the doctrine. I'm talking about the question I asked."
#SCOTUS: While he did not dominate the arguments, Breyer jumped in at several key moments:pic.twitter.com/zKpDEUhEoI
[Note Breyer's reference to 7th Circuit Judge Posner's opinion, which was HIGHLY critical of the 5th Circuit opinion on appeal here.]
Then, there was the point when Ginsburg was basically, "Come off it. You can set the ACLJ amicus brief on fire."pic.twitter.com/OurN7Cey6a
Breyer wasn't done: "[A]re there going to be more women or fewer women who die of complications?"pic.twitter.com/TEQqXiTj1m
Sotomayor was displeased with the situation for Dr. Lynn in the McAllen clinic.pic.twitter.com/AlXK2fNejX
Finally, Ginsburg pulled the argument back to Casey—and basically had a little chat w Kennedy through Keller:pic.twitter.com/5ZzhZM7jSb
And, FYI, the Chief basically SHOUTED "Thank you, counsel" as Keller finished that sentence. #SCOTUS
I didn't show this previously, but even BEFORE the first "thank you, counsel" plea from CJ, RBG sought add'l time:pic.twitter.com/C13gto31hu
IN SUM: I've never seen the liberal justices (1) so aggressive in args or (2) so self-assured. Was a frontal assault to show AMK everything.
To see how uphill the Chief & Alito had it, when Alito started talking about "undue burden," Kennedy stepped in:pic.twitter.com/HXMyFKohDE
FOR YOUR REVIEW: Today's oral arguments in Whole Woman's Health v. Hellerstedt. http://www.supremecourt.gov/oral_arguments/argument_transcripts/15-274_l53m.pdf …
Here's my updated report on today's #SCOTUS oral arguments over Texas' abortion provider restrictions:http://www.buzzfeed.com/chrisgeidner/supreme-court-tackles-texas-abortion-provider-restrictions-l#.thB2rOKPml …
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