LogFAQs > #966070997

Jakyl25 posted...

Isnt Roe still basically informally dead even with Roberts attempt to thread the needle opinion? Like what the fuck sort of nuanced position is states can restrict access to abortions based on whatever reason they want but they cannot ban them?

Roberts actually said he was for overturning Roe (he calls the viability standard its central holding). He just isn't for deciding the question of whether abortion can be banned at any time in the pregnancy. His position was that it's not necessary to decide that question to decide this case, so SCOTUS should punt on the question.

I think it's kind of silly. It would be like the Brown v. Board of Education court saying, we think that separate but equal cannot be applied to elementary schools, but we can decide this case without deciding the question of whether high schools can be separate but equal, so we refuse to decide that question. Come back when you are in high school and we'll hear your case then.