Hopefully this will move quickly through the court while Justice O'Connor still sits on the bench.
In any case, it will give us some insight into what kind of baggage Roberts might be bringing to the Court.
From today's Christian Science Monitor:
-----
Wednesday the US Supreme Court takes up a case that could change the abortion battle in a fundamental way, potentially allowing state lawmakers across the nation to enact more-restrictive regulations on a woman's right to choose abortion.
The case, Ayotte v. Planned Parenthood of Northern New England, examines the constitutionality of a New Hampshire law requiring teenage girls to notify at least one parent before obtaining abortions. It carries broad implications for reproductive rights nationwide, and could be a turning point in a debate that has divided the country for more than three decades.
Instead of seeking to overturn the landmark decision in Roe v. Wade, the case marks a change in tactics by antiabortion forces trying to narrow and constrain the reach of the 1973 abortion precedent.
In addition, it highlights the significance of the potential replacement on the high court of retiring Justice Sandra Day O'Connor, a supporter of abortion rights, with nominee Samuel Alito, who is believed to personally oppose abortion. If a majority of justices vote to uphold the New Hampshire law, their decision could lay the groundwork for a major shift in the constitutional framework erected by Justice O'Connor upholding women's reproductive rights.
Timing could be everything. O'Connor will participate in Wednesday's oral argument, but unless she is still on the sharply divided court when the decision is announced, her vote won't count. If Judge Alito is confirmed in the meantime, the case might have to be reargued next year. Should that happen, O'Connor's vote would be replaced by that of Alito.
While the case does not threaten the central holding of Roe v. Wade, analysts are watching to see if the court's conservatives - and new Chief Justice John Roberts - are willing to use the New Hampshire case to topple a pillar of O'Connor's abortion jurisprudence.
In decisions since 1992, O'Connor has insisted that the Constitution requires invalidation of state laws that create an "undue burden" on a woman's right to an abortion when the procedure is necessary to preserve her health.
[...]
In addition to the health-exception issue, the high court will consider a second, equally significant question. The justices agreed to examine whether the appeals panel used the proper test when it struck down the entire New Hampshire statute as unconstitutional.
-----
[Read more.]
No comments:
Post a Comment