Just got out of arguments in June Medical Services, the Supreme Court’s big abortion case. I think there is actually a chance Chief Justice Roberts will apply Whole Women’s Health and strike down Louisiana’s admitting privileges requirement.
Roberts repeatedly asked how the admitting privileges requirement could benefit Louisiana women HERE if it didn’t benefit Texas women in WWH. Asked a variation on that question several times. Louisiana didn’t give a good answer. Also Louisiana’s solicitor general was awful.
Roberts joining the liberals is no sure thing, but it is definitely within the realm of possibility. He seemed frustrated that the Louisiana solicitor general just kept lying about the law, the facts, and the record. Also, he wasn't interested in third-party standing at all.
Kavanaugh kept trying to distinguish this case from Whole Woman's Health—I think he will vote to uphold the law—but Roberts just wasn't having it. The liberal justices also did an excellent job refuting Louisiana's efforts to paint abortion providers as lazy, dangerous quacks.
Here is the key Roberts quote, as I transcribed it: "The impact of [abortion] laws vary from state to state, but the benefits are not going to vary from state to state." If he really believes that, he has to vote against Louisiana, because admitting privileges provide no benefit.
Now, remember that Roberts can ask cryptic questions or change his mind. He may still just vote with the conservatives to distinguish the Louisiana law from Whole Woman's Health on some bullshit pretext. But I don't think he liked the bullshit pretext. I think it irked him.
Don't place any bets yet. But Louisiana may have lied so poorly in defense of its anti-abortion law that even John Roberts ran out of patience. slate.com/news-and-polit… @Slate
