Thread by @DenbrotS

SCOTUS Abortion Argument /1
MS Solicitor Gen Scott Stewart exhibits rudeness and disrespect toward Justice Sotomayor in response to her questions.
Viability ?
Science ?

Feh….They’re not in The Constitution

SCOTUS Abortion /2

Justice Barrett—is Stare Decisis truly involved?
Stewart—Not really. Other cases won’t be affected.
Stewart shows deference to a male Justice Breyer.
Sotomayor—Aren’t you arguing your religious view, not science?
Stewart—Return this decision to “The People”

SCOTUS Abortion /3
CJ Roberts—What is different today in applying Stare Decisis than years ago?
Stewart—Wrongly decided is wrongly decided.
Justice Kavanaugh—So, if you prevail, some states will still be able to prohibit abortion?
Stewart—Yes

SCOTUS /4
Justice Barrett—Why do we have to break with Stare Decisis ?
Stewart—Casey was decided wrongly. You must stand strong.

SCOTUS Abortion /5
Rikelman(Repro Center)—Women’s lives are at stake
Justice Thomas—Can a state regulate use of cocaine by a pregnant woman?
Rikelman—We are arguing about a woman’s right to abortion
CJ Roberts—Why is 15 weeks not acceptable under a viability standard?

SCOTUS Abortion /6

Rikelman—15 weeks has no relationship to viability. It cuts time to decide in half.
Justice Barrett—Why not compel completion of pregnancy and remove the child from custody at birth?
Rikelman—Bodily integrity and Decisional Autonomy are the woman’s rights.

SCOTUS Abortion /7
Justice Gorsuch—Is The Undue Burden Test applicable? Is Viability the only standard?
Rikelman—Both standards apply.
Justice Alito—Can’t a woman rid herself of the child after birth?
Rikelman—A woman has a right to control the integrity of her body

SCOTUS Abortion /8
Justice Breyer—Is this the Super Case? Watershed? Is this extreme Stare Decisis?
Rikelman—Disagreement with the decision is not a basis to overturn this precedent.
Justice Thomas—Where is the right to Abortion?
Rikelman—14th Amendment Liberty

SCOTUS Abortion /9

Justice Alito—Has any state found a right to Abortion under The 14th Amendment?
Rikelman—No
Justice Kavanaugh—Reviews cases in which SCOTUS did not apply Stare Decisis but overruled precedent.

SG Prelogar—Emphasizes the rights of women in opening statement.

SCOTUS Abortion /10

Justice Sotomayor encourages a response to Kavanaugh’s list of cases.

SG Prelogar and Justice Breyer—Bith point out standards in Casey to overrule Stare Decisis requires that Roe be honored and not overturned.

SCOTUS Abortion /11

Justice Alito—Compares Roe to Plessey v Ferguson. Egregiously wrong when decided.
Prelogar—American women have come to rely on Roe as the law. It is very widely accepted and approved as not egregiously decided.

SCOTUS Abortion /12

Prelogar—Many women cannot get abortions within 15 weeks. Prohibiting abortion pre-viability is an extreme hardship on those women.
Liberty interests of women will no longer be recognized.
CJ Roberts—Pushes 15 week rule as protective of women’s rights

SCOTUS Abortion /13

Justice Gorsuch—Is there a line to draw that is principled?
Prelogar—Viability
Justice Kavanaugh—You cannot accommodate both interests. One must give way to the other. Why should the court decide?
Prelogar—Fundamental rights are not left to states to decide

SCOTUS Abortion /14
Justice Barrett—What about safe haven laws?
Prelogar—Decision must be left to the woman.

SCOTUS Abortion /14
SG Stewart—Contraception is less expensive than Abortion.
Roe is egregiously wrong. We’ve lost millions of lives.