The Supreme Court may well be headed for an election-year fight over abortion rights, but it’s not likely to be a blockbuster showdown over Roe v. Wade
Bopp said he believes at least two justices, Chief Justice John Roberts and Justice Brett Kavanaugh, have no desire to be involved in a frontal attack on Roe. The pro-life advocate noted that last December both men appeared to side with the court’s Democratic appointees in declining to hear a case about the rights of states to curtail funding for Planned Parenthood, which provides abortions as well as an array of other health services.
Another obstacle to the Supreme Court considering the new abortion bans anytime soon is the rhythm and pace of the federal court system. Cases typically take months to be decided in a trial court, then proceed to an appeals court, where many more months can pass before a decision is made by a three-judge panel. Sometimes there are efforts to get the full bench of an appeals court to take the case.
“There really isn’t enough time for any of these bans to get to the court in the next term,” Rikelman said. Perhaps the most likely issue for the Supreme Court to take up is a case over a Louisiana law requiring physicians who provide abortions to have admitting privileges at a nearby hospital. In 2016, the court struck down a similar Texas law by a 5-3 vote in a case known as Whole Women’s Health v. Hellerstedt.
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