Lower court judges are bound by Supreme Court precedent, but they have some tools at their disposal.
They can also give the historically permissive “rational basis” standard of review from the Dobbs opinion some teeth by more closely assessing abortion restrictions and the state’s purported rationales.
Lawyers will need to bring cases raising novel issues so that judges can protect abortion rights in new ways.
Even if cases and briefs in federal courts lose in the short term, having abortion cases in the pipeline is essential.
The Supreme Court will not always look as it does today.
Persons:
Biden, Dobbs, Roe
Organizations:
eventual
Locations:
Dobbs