Supreme Court justices have many ways to avoid making sweeping rulings. Chief Justice Roberts has typically resisted moving quickly to decide major controversies or to announce abrupt, far-reaching changes in the law.
In February, the chief justice cast a key vote with the court’s four liberals to. His vote put off the court’s consideration of the case, June Medical Services vs. Gee, until the fall.
At least three of the justices have indicated a readiness to move more directly to overturn Roe vs. Wade. Justice Clarence Thomas voted to do so shortly after he joined the court in 1992, and Justices Samuel A. Alito Jr. and Neil M. Gorsuch would probably join him. Both are longtime skeptics of the Roe decision.
The lower-court judges said the Indiana law clearly conflicted with Roe vs. Wade because it would allow the state, not a woman, to decide which abortions were permitted.to hear the case and uphold the law, which it described as designed to “put an end to eugenics abortions.” A second provision of the law would require abortion facilities to treat fetal remains with respect and to either bury or cremate them.
Recently passed abortion laws in Ohio, Georgia and Alabama, all of which go considerably further than the Indiana law, will be challenged in court, and federal judges, who are bound to follow existing Supreme Court rulings, are almost certain to block them from taking effect.
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