For the first time in memory, someone at the Supreme Court has leaked a draft decision on a pending case.
Why?
Is it possible the justices want to know the possible reaction from the general public and will adjust their ruling to minimize any potential problem?
That by itself is a major news story, regardless of the case involved. But this particular case is about abortion rights, and whether the federal government can approve or disapprove of a woman's decision to end a pregnancy.
There are three possible decisions:
1/ Yes, the federal government can act to bar abortions.
2/ No, the federal government cannot intervene in a decision by a woman and her medical provider.
3/ Neither of the above, but each state can set its own rules.
What is legal in one state may not be legal in another, and the federal government has no authority to intervene.
For now, every state must permit such procedures, following the court's Roe v Wade ruling some fifty years ago, but some states have enacted laws that encourage residents of another state to file a lawsuit against anyone who gets an abortion in any other state,
The rationale is that the state itself is not interfering with a woman's activities, even though some of its citizens are.
This would be a way of excusing a state government from any allegation that it is interfering with any woman's activities.
So whose responsibility is it to regulate medical activities? Historically, each state issues medical licenses and regulates what doctors, nurses and other health professionals do. Also, not every behavior is a federal offense.
The question now is, what will SCOTUS do? The view from here is that the leak was deliberate, a way to test public opinion before a final decision is made, thus enabling the court to take the less troublesome path.
That itself would be new. SCOTUS is not usually concerned with public opinion.
Why now?
Why?
Is it possible the justices want to know the possible reaction from the general public and will adjust their ruling to minimize any potential problem?
That by itself is a major news story, regardless of the case involved. But this particular case is about abortion rights, and whether the federal government can approve or disapprove of a woman's decision to end a pregnancy.
There are three possible decisions:
1/ Yes, the federal government can act to bar abortions.
2/ No, the federal government cannot intervene in a decision by a woman and her medical provider.
3/ Neither of the above, but each state can set its own rules.
What is legal in one state may not be legal in another, and the federal government has no authority to intervene.
For now, every state must permit such procedures, following the court's Roe v Wade ruling some fifty years ago, but some states have enacted laws that encourage residents of another state to file a lawsuit against anyone who gets an abortion in any other state,
The rationale is that the state itself is not interfering with a woman's activities, even though some of its citizens are.
This would be a way of excusing a state government from any allegation that it is interfering with any woman's activities.
So whose responsibility is it to regulate medical activities? Historically, each state issues medical licenses and regulates what doctors, nurses and other health professionals do. Also, not every behavior is a federal offense.
The question now is, what will SCOTUS do? The view from here is that the leak was deliberate, a way to test public opinion before a final decision is made, thus enabling the court to take the less troublesome path.
That itself would be new. SCOTUS is not usually concerned with public opinion.
Why now?
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