Guns, abortion and probably college affirmative action are before the court in the year ahead, all areas in which conservatives have been eager to recast the law. And with a 6-3 majority, the justices are poised to do just that.
The Supreme Court is set to expand gun rights and restrict abortion rights in a new term that begins Monday, one that could reveal how fast and how far the conservative majority will move the law to the right.
They voted to hear a New York case that asks the court to rule that the Constitution protects the right to carry a loaded handgun when leaving home. After winning review of the “viability” limit, the state’s lawyers expanded their argument and urged the court to overturn Roe entirely. It is “egregiously wrong,” they said in July, arguing the red states should be free to outlaw all abortions except those needed to save the mother’s life.
“If they hold that pre-viability abortion bans should be reviewed for mere reasonableness or rationality, that is a very strong sign the court is far right,” Tang said. “If it is reasonable for the state to protect human life by banning abortions after 15 weeks, it’s hard to see why the same wouldn’t be true for banning abortions after six weeks.”By contrast, he said, the court could affirm the principle that states may not put an “undue burden” on women seeking an abortion.
However, Gorsuch and Barrett, like Thomas and Alito, say respect for precedent is not enough to stand behind mistaken interpretations of the Constitution. And most conservatives have insisted the protections for “liberty” in the 14th Amendment of 1868 cannot be understood as protecting a right to abortion.Confronted with a six-week ban on abortions set to go into effect, the court’s conservatives stood aside.
At issue too is the high court’s public standing. Before the retirement of Justice Anthony M. Kennedy in 2018 and the death of Justice Ruth Bader Ginsburg last year, the court leaned right but was closely split on the most contentious issues. Most terms included several surprising outcomes.
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