RE: Ayotte

by Jonathan H. Adler

I think Ramesh is correct that this case is a marginal win for anti-Roe forces. Although the Court explicitly refused to revisit its abortion precedents, it upheld contested abortion restrictions and, perhaps more importantly, made it more difficult to facially challenge abortion laws that are constitutional in most of their applications. This makes it easier for states to defend statutes that may, in extreme cases, potentially infringe upon those rights recognized in prior abortion cases. Overall, however, the opinion is a clear signal that the Court is willing to defer reconsideration of its abortion precedents until after Judge Alito is on the bench.

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