With a baldly political light cast on the Supreme Court, Chief Justice John Roberts seems increasingly circumspect
the 1973 abortion-rights ruling, would “automatically” be overruled by justices he would appoint to the Supreme Court. Three years later, with two of his picks in robes and a surge of challenges toflying to the court, abortion-rights supporters fear Mr Trump’s prediction may be close to coming true. But, so far, every time a reckoning onseems imminent, the Supreme Court has taken a step back.
While states like Georgia and Alabama have been passing alarmingly extreme abortion bans that are flatly out-of-line withBox v Planned Parenthood of Indiana and Kentucky,concerns HEA 1337, which Mike Pence, now the vice-president, signed into law in 2016 when he was governor of Indiana.
, according to which the justices generally stay on the sidelines when a legal issue has not “been considered by additional courts of appeals”.from pro-life organisations and religious groups urging the Supreme Court to save both parts of Indiana’s law. The surgical side-step, coming after months of deliberation, bears the fingerprints of Chief Justice John Roberts, the new median justice on a right-tilting court. Though Chief Justice Roberts worked againstas a lawyer in George W.
But Chief Justice Roberts did not construct this compromise by himself. On the left, he persuaded Justices Elena Kagan and Stephen Breyer to uphold the fetal-remains law—apparently by demurring on whether it might fail under a different litigation strategy. On the right, the chief convinced his fellow conservatives to hold their fire on the Down syndrome provision. Justice Samuel Alito and Mr Trump’s two picks joined the per-curiam silently.
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