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onenote

(42,680 posts)
8. Agreed we can't read minds
Mon Dec 9, 2019, 06:00 PM
Dec 2019

But I also don't see anything in Stern's analysis that suggests that the liberals on the Court were concerned that this particular case could be turned into a vehicle to overturn Roe. At most he suggests they were concerned that they would lose and the Kentucky law would be upheld. But where's the logic? By not granting cert the effect is that the Kentucky law is upheld -- the very result Stern says the liberals were concerned about.

I think it is just as likely that the liberals demurred on this case because the issue focused on the first amendment rights of doctors and not on the burdens placed on women seeking abortions. If you read the petition for cert, it all but concedes that the state can require ultrasounds and focuses on the requirement that doctors convey the results of the ultrasound to their patients.

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