Dissenting inwards Franchise Tax Board v. Hyatt, Justice Breyer commented on the majority's determination to overrule Nevada v. Hall: "Today's determination tin give the axe solely campaign ane to wonder which cases the Court volition overrule next." Observers (correctly, inwards my view) took that equally a betoken that progressives should worry close the prospect that Roe v. Wade (or at to the lowest degree Whole Women's Health) would locomote shortly overruled. That see was published on May 13.
On Jan 1, 2019, the Court heard reargument inwards Knick v. Township of Scott, inwards which the inwardness outcome was whether to overrule Williamson County v. Hamilton Bank. On June 21, a bulk did overrule Williamson County. It seems highly probable (the probability seems to me equally to a greater extent than or less 100% equally y'all tin give the axe popular off -- the most natural inference close why the example was reargued is that later the initial argument, without Justice Kavanaugh all the same on the Court, the Court divided evenly on the enquiry of overruling Williamson County) that Justice Breyer knew inwards May that Knick would produce what it did. I wonder whether nether the circumstances it was appropriate to frame the betoken inwards damage of "wondering what comes next."
Two "qualifications": Until a determination is handed downward there's ever the possibility that soul volition modify -- inwards the example of Knick -- his vote, together with then technically Justice Breyer could indeed "wonder" what comes next. But, inwards lite of the probable ground for reargument, that seems hypertechnical. And perchance option ways of sending the betoken close Roe or Whole Women's Health would convey been clumsier. Still, I produce wonder whether Justice Breyer's comment was appropriately candid.
On Jan 1, 2019, the Court heard reargument inwards Knick v. Township of Scott, inwards which the inwardness outcome was whether to overrule Williamson County v. Hamilton Bank. On June 21, a bulk did overrule Williamson County. It seems highly probable (the probability seems to me equally to a greater extent than or less 100% equally y'all tin give the axe popular off -- the most natural inference close why the example was reargued is that later the initial argument, without Justice Kavanaugh all the same on the Court, the Court divided evenly on the enquiry of overruling Williamson County) that Justice Breyer knew inwards May that Knick would produce what it did. I wonder whether nether the circumstances it was appropriate to frame the betoken inwards damage of "wondering what comes next."
Two "qualifications": Until a determination is handed downward there's ever the possibility that soul volition modify -- inwards the example of Knick -- his vote, together with then technically Justice Breyer could indeed "wonder" what comes next. But, inwards lite of the probable ground for reargument, that seems hypertechnical. And perchance option ways of sending the betoken close Roe or Whole Women's Health would convey been clumsier. Still, I produce wonder whether Justice Breyer's comment was appropriately candid.
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