Analysis: A case originating in Texas could provide the first meaningful test of whether the justices want to go much further than overturning Roe — or not.
last summer, the justices were silent about the legality of all the various methods to end a pregnancy.
U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, put a nationwide hold on the Food and Drug Administration’s original approval of mifepristone 23 years ago. Within hours of Kacsmaryk’s decision, the Justice Department swiftly filed a notice of appeal in the New Orleans-based 5th U.S. Circuit Court of Appeals, and Attorney General Merrick Garland vowed the department would seek to immediately block Kacsmaryk’s decision in the hope of allowing the pill to remain in circulation while the lawsuit plays out in court.
The court’s conservative majority has issued a number of dramatic and consequential decisions in the three years since conservative Justice Amy Coney Barrett — one of three appointments made by Trump — replaced the late liberal Justice Ruth Bader Ginsburg. Roberts joined his conservative colleagues in upholding a Mississippi law that bars abortion after 15 weeks, but he objected to overturning Roe, saying the right to abortion should have been interpreted as ensuring “a reasonable opportunity” to choose to terminate a pregnancy. His vote suggests he has little appetite to restrict abortion rights further than they have already been limited.
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