Adam Liptak reports for The New York Times that although “[a]bortion rights are at risk at the Supreme Court, … the short-term threat may not come from extreme laws like the one passed by Alabama lawmakers” this week: “The court led by Chief Justice John G. Roberts Jr. is more likely to chip away at the constitutional right to abortion established in 1973 in Roe v. Wade than to overturn it outright,” and “[i]t will have plenty of opportunities to do so.” Joan Biskupic writes at CNN that “in his new position as the deciding vote on abortion, Roberts today is moving cautiously on any narrowing — or outright elimination — of a woman’s constitutional right to end a pregnancy.” For The Washington Post, Robert Barnes explains that June Medical Services v. Gee, a pending cert petition challenging a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals, “provides a test of whether the court will uphold a very recent precedent.” For USA Today, Richard Wolf describes the other abortion restrictions “pending before or approaching the justices,” noting that “[i]t seems unlikely that the Supreme Court justices will be able to avoid all abortion cases for long – or even until the 2020 presidential election,” but “[t]hat won’t stop them from trying.”
At his eponymous blog, William Goren looks at Monday’s decision in Franchise Tax Board of California v. Hyatt, in which the court overruled a 40-year-old precedent and held that a state cannot be sued in the courts of another state without its consent. At Justia’s Verdict blog, Michael Dorf writes that “[a]lthough the majority opinion repeatedly invoked Founding-era sources, … it nonetheless departed sharply from the brand of originalism that Justice [Clarence] Thomas and his fellow conservatives purport to favor.”
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