Skip to content

Menu
  • Home
  • About Us
  • The Feed
Menu

“Mississippi Explains All on Abortion”

Posted on July 31, 2021July 31, 2021 by yellowdogrising

NY Times: “In the Supreme Court petition Attorney General Fitch filed in June 2020 (that is not a typographical error; it took the justices 11 months simply to decide to hear the case), she was coy about what she was really asking. “To be clear,” she told the court, “the questions presented in this petition do not require the court to overturn Roe or Casey.” She did concede, but only in a footnote, that the case might prompt a more conclusive outcome: “If the court determines that it cannot reconcile Roe and Casey with other precedents or scientific advancements showing a compelling state interest in fetal life far earlier in pregnancy than those cases contemplate, the court should not retain erroneous precedent.”

The tone is completely different in the state’s brief on the merits, filed last week in advance of the argument the Supreme Court will hold this fall. “Roe and Casey are egregiously wrong,” Ms. Fitch asserts. The case for overturning them is “overwhelming.” The two precedents have not only “proven hopelessly unworkable,” but “have damaged the democratic process, poisoned our national discourse, plagued the law — and, in doing so, harmed this court.”

What might account for such a dramatic change in Mississippi’s statements? One reason that jumps to mind is that the court that will decide this case is not the court Attorney General Fitch needed to persuade when she first approached it last summer. There’s little doubt Justice Ruth Bader Ginsburg’s death last September and her replacement by Justice Amy Coney Barrett has flipped the court on abortion, at least to some extent. It’s hard to remember that it was only last summer that Chief Justice John Roberts added his vote to those of what were then four liberal justices to strike down Louisiana’s law requiring hospital admitting privileges for doctors who perform abortions. If there was a strategic reason to mince words in a petition filed then, there is none now.”

Archives

  • May 2025 (27)
  • April 2025 (58)
  • March 2025 (45)
  • February 2025 (52)
  • January 2025 (55)
  • December 2024 (33)
  • November 2024 (55)
  • October 2024 (56)
  • September 2024 (53)
  • August 2024 (46)
  • July 2024 (72)
  • June 2024 (38)
  • May 2024 (41)
  • April 2024 (49)
  • March 2024 (54)
  • February 2024 (44)
  • January 2024 (54)
  • December 2023 (41)
  • November 2023 (46)
  • October 2023 (53)
  • September 2023 (41)
  • August 2023 (50)
  • July 2023 (49)
  • June 2023 (52)
  • May 2023 (54)
  • April 2023 (59)
  • March 2023 (71)
  • February 2023 (42)
  • January 2023 (61)
  • December 2022 (48)
  • November 2022 (56)
  • October 2022 (62)
  • September 2022 (38)
  • August 2022 (51)
  • July 2022 (50)
  • June 2022 (60)
  • May 2022 (66)
  • April 2022 (67)
  • March 2022 (74)
  • February 2022 (54)
  • January 2022 (56)
  • December 2021 (59)
  • November 2021 (37)
  • October 2021 (58)
  • September 2021 (54)
  • August 2021 (54)
  • July 2021 (55)
  • June 2021 (59)
  • May 2021 (61)
  • April 2021 (61)
  • March 2021 (79)
  • February 2021 (67)
  • January 2021 (28)

Paid for by the Yellow Dog PAC and not authorized by any candidate or candidate’s committee.