At 9:30 a.m. on Monday we expect ... (click to view)
Editor's Note :
At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
Horne v. Isaacson
Petition for certiorari denied on January 13, 2014
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.
How to prepare for oral argument; answering the questions asked; and the (limited) relation of ideas of Justices, the Court, and jurisprudence to the reality of oral argument. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper — […]
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