Sign up to receive our newsletter each Friday. Vox’s German Lopez is here to guide you through the Biden administration’s burst of policymaking. Kavanaugh appeared to view such an outcome as untenable, and that’s bad news for SB 8. At one point in the argument, Kavanaugh pointed to a brief filed by the Firearms Policy Coalition, which argued that, if SB 8 is allowed to stand, “it will undoubtedly serve as a model for deterring and suppressing the exercise of numerous constitutional rights” - including the Second Amendment. Meanwhile, it also appears likely that Justices Brett Kavanaugh or Amy Coney Barrett will switch sides and provide the fifth (and maybe a sixth) vote against Texas. At one point, Roberts admonished Stone for resisting a hypothetical question asked by the Chief. Bush appointee, did ask one or two skeptical questions of Marc Hearron, the lawyer representing the abortion providers, he seemed to grow increasingly annoyed with Texas Solicitor General Judd Stone. Though Chief Justice John Roberts, a conservative George W. And the abortion providers appear likely to have picked up a crucial extra vote to gain the majority.Īll four of the dissenters from the September order appear likely to rule against Texas.
The same case is now back before the justices, this time raising a narrow dispute about who’s even allowed to sue to block the law. Two months earlier, four justices thought the law should have been temporarily blocked while the legal challenge against it was sorted out - although the five most conservative justices voted against the abortion providers the first time Whole Woman’s Health v. The abortion providers suing to block SB 8, Texas’s aggressive anti-abortion law, came into Monday’s Supreme Court argument with four votes on their side.
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