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.
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.