Listening to the Supremes

I was able to listen to most of the oral argument in Dobbs v. Jackson Women’s Health this morning. Upon reflection, I have the following comments—

Justice Thomas posed two important questions which I don’t believe were properly answered. First, where is a right to an abortion found in the Constitution? Second, could a women who uses illegal drugs before her baby is viable and thereby causes injury to the child be charged with child abuse?

Justice Sotomayor’s comparison of a child in utero with a brain dead person was bizarre. And ghastly.

It seems clear how Justices Thomas, Alito, Breyer, Kagan, and Sotomayor will vote.

Based on what I heard, I suspect the remaining four justices will vote with Thomas and Alito to put an end to Roe v. Wade, but I’m not sure.

I suppose we’ll see in late June.

1 thought on “Listening to the Supremes

  1. Assuming there are five votes to strike down Roe, well actually Casey, I would expect Roberts to also vote with them making it 6-3.

    If Roberts is in the minority, Thomas gets to decide who writes the decision because of seniority. If Roberts is in the majority, he decides as Chief Justice.

    He’s done this a few times, to soften the blow from a decision Thomas clearly wanted to write.

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