Chief Justice Roberts just hit the state with a tough question. He noted that the case was accepted to consider pre-viability lines but the state then pushed in briefing to overturn Roe. The suggestion is that they exceeded the original question.
...I think that the broader question is implied but it is interesting that Roberts is flagging the question of whether the broader issue is fairly before the Court. Frankly, I think it is hard to discuss the basis of viability without discussing the viability of Roe itself.
...However, the original question from Roberts now takes on a different patina. When he asked about viability it followed questions from Sotomayor and could be viewed as questioning what remained from the Roe...
... His follow up question may indicate that Roberts was laying the foundation for asking why Roe is being challenged in an appeal on viability if viability was not a part of Roe...
...Roberts is the key for pro-choice advocates. He is an incrementalist who tends to get "sticker shock" on major rulings, particularly on issues with sweeping social implications. The issue of the narrower question may appeal to Roberts as a way to avoid a frontal attack on Roe.
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