i think that's a reach. the Court evidently doesn't have the appetite to continue to engage in abortion-lochnerism, but i imagine they will be loathe to trample on what i imagine are traditional notions of comity and state sovereignty.
like, its one thing for the Court to say that the substantive issue is not contemplated by the constitution (and thus, leaving abortion access to the federal or state legislatures); it would be quite another to affirmatively allow some states to effectively override the laws of other states.
hmm. i'm a dummy, but i'll be curious how, ya know, those restrictions contemplate/survive federalism questions.
Same way the other fucking laws have. Judges say it’s fine gets deferred to Supreme Court who then says it’s fine becaaue morals and shit.
i think that's a reach. the Court evidently doesn't have the appetite to continue to engage in abortion-lochnerism, but i imagine they will be loathe to trample on what i imagine are traditional notions of comity and state sovereignty.
like, its one thing for the Court to say that the substantive issue is not contemplated by the constitution (and thus, leaving abortion access to the federal or state legislatures); it would be quite another to affirmatively allow some states to effectively override the laws of other states.