Supreme Court watchers know all most "defensive certiorari denials." This is when a Justice votes to deny review of a example because she is worried that a grant volition atomic number 82 to a bad effect on the merits.
The Alabama abortion constabulary merely enacted may acquaint the reverse situation. The lower courts volition brand quick operate of the statute, relying on Roe v. Wade and Planned Parenthood v. Casey. Then Alabama volition file a certiorari petition. At get-go glance, you lot mightiness intend that the 4 liberal Justices would vote against review, fearing that the Court volition overrule these cases.
They may instead persuasion this every bit the best vehicle for reconsidering Roe and Casey. Here's why. First, forcing the Court to view this number inwards a presidential election yr volition pose to a greater extent than trace per unit of measurement area on the Court's uncertain members most whether they desire to walk the plank on this issue. Second, the Alabama constabulary gives the Court no mode to evade the basic question. Neither statutory structure nor a narrow ruling is possible for a constabulary that expressly bans all abortions alongside exclusively i exception. Third, the lack of exceptions together with the strong criminal penalties brand the Alabama statute an peculiarly unattractive example for the Justices interested inwards narrowing abortion rights.
All iii of these reasons mightiness explicate why v Justices would deny review of Alabama's certiorari petition. But exclusively 4 Justices involve to vote yes. Indeed, you lot could fifty-fifty combat that they should create together with then afterwards the District Court enters its inevitable judgment (assuming i political party files a petition). After all, what volition review inwards the Eleventh Circuit add together to the story? Basically nothing. So don't move surprised if the example gets to the Court quickly.
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