Issue: (1) Whether the Ninth Circuit correctly held that the “viability”
line from Roe v. Wade and Planned Parenthood v. Casey remains the only critical factor
in determining constitutionality, to the exclusion
of other significant governmental interests,
or whether Arizona’s post-twenty-week limitation is facially
valid because it does not pose a substantial obstacle
to a safe abortion; (2) whether the Ninth Circuit erred in declining to recognize
that the State’s interests in preventing documented
fetal pain, protecting against a significantly
increased health risk to the mother, and upholding the integrity of the medical profession
are sufficient to support limitations on abortion
after twenty weeks gestational age when terminating
the pregnancy is not necessary to avert
death or serious health risk to the mother; and (3) whether, if the Ninth Circuit correctly held that its decision
is compelled by this Court’s precedent in Roe v. Wade and its progeny, those precedents should
be revisited in light of the recent, compelling evidence
of fetal pain and significantly increased
health risk to the mother for abortions performed
after twenty weeks gestational age.
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.