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☆ The inside story of how Sandra Day O’Connor rebuffed pressure from Scalia and others to overturn Roe v. Wade
▼ + stars: | 2024-09-13 | by ( Joan Biskupic | ) edition.cnn.com time to read: +19 min

Handwritten notes from Justice Sandra Day O'Connor's papers on a major abortion case in 1989. The correspondence and notes foreshadow where O’Connor landed in the 1992 Planned Parenthood v. Casey case, when Justice Anthony Kennedy, hostile to Roe v. Wade in 1989, was ready to join O’Connor in upholding Roe. Accelerating the tensions all around was the time pressure of the Missouri case. O’Connor wrote that Kennedy said, “Roe is just flawed analytically” and that he wanted to “return this debate to democratic process” in the states. Library of CongressDraft opinion language from Justice John Paul Stevens he sent to Justice Sandra Day O'Connor.

Persons: Sandra O’Connor, eviscerate Roe, Wade, O’Connor, Roe, Antonin Scalia, William Rehnquist, Rehnquist, — Webster, Reproductive Health Services —, ” Rehnquist, Sandra Day, George H.W, Reagan, bristled, ”, Scalia, John Paul Stevens, Gerald Ford, Casey, Anthony Kennedy, Dobbs, Samuel Alito, Webster, Kennedy, “ Nino, ” Scalia, ” O’Connor, “ Roe, O’Connor’s, Roe “, Byron White, “, Byron, Sandra, Nino, Tony …, White, Sandra Day O'Connor, Congress O’Connor, bemoaning, overruling Roe, ” Stevens, reexamine Roe, reconsidering Roe, Stevens, Stevens ’, inched, John . ”, ’, William Brennan, David Souter, Bush Organizations: CNN, Reproductive Health Services, Congress, Library, O’Connor, Stanford Law School, Roe, Chicago, Stevens, Kennedy Locations: Missouri, Roe, Bush, Ohio, Pennsylvania, Phoenix, Minnesota

☆ Opinion | Conservatives Took Another Big Step to Consolidate Power in the Supreme Court
▼ + stars: | 2024-06-29 | by ( Kate Shaw | ) www.nytimes.com time to read: +1 min

The court’s decision in Loper Bright Enterprises v. Raimondo, which overruled the 40-year-old Chevron v. Natural Resources Defense Council, won’t affect Americans’ lives in as stark and immediate a way as the 2022 decision overruling Roe v. Wade. But like Dobbs v. Jackson Women’s Health Organization, Loper Bright has the potential to fundamentally transform major aspects of the health, safety and well-being of most Americans. That’s especially true when it is viewed alongside some of the other major cases about agency power the court has handed down in recent terms — and indeed in recent days — that have stripped agencies of power and shifted that power directly to federal courts. Just this week, the court eliminated a key mechanism used by the Securities and Exchange Commission to enforce securities laws and enjoined an important Environmental Protection Agency emissions standard based on, in the words of Justice Amy Coney Barrett in dissent, an “underdeveloped theory that is unlikely to succeed on the merits.”Out of the 1984 Chevron decision came the doctrine of Chevron deference. In essence, Chevron deference allowed agencies to use their expertise to determine how to carry out laws passed by Congress — laws intended to keep our air and water clean, our drugs safe and effective, and our securities markets protected from fraud and deception.

Persons: Raimondo, ’, overruling Roe, Wade, Dobbs, Loper Bright, Amy Coney Barrett Organizations: Loper Bright Enterprises, Natural Resources Defense Council, Jackson, Health Organization, Securities and Exchange Commission, Environmental Protection Agency, Congress Locations: Chevron

An unusual special election that lawmakers have scheduled in Ohio for Aug. 8 may tell us a great deal about this moment in American politics after Roe v. Wade. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court justified its decision overruling Roe with an appeal to democracy. In that time, more than a dozen states have banned abortion, through the enforcement of pre-Roe abortion bans or the enactment of new ones. In other states, abortion access has been severely limited. But one important countervailing trend in the post-Dobbs era has been the use of direct democracy to protect abortion rights.

Persons: Roe, Wade, Dobbs, overruling Roe, Samuel Alito Organizations: Jackson, Health Organization Locations: Ohio

☆ Alito Says He Has ‘Pretty Good Idea’ Who Leaked Abortion Ruling
▼ + stars: | 2023-04-28 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

WASHINGTON — Justice Samuel A. Alito Jr., the author of the majority opinion that overruled Roe v. Wade last June, told The Wall Street Journal’s opinion pages that he had “a pretty good idea who is responsible” for leaking a draft of his opinion to Politico. Justice Alito added that he did not have “the level of proof that is needed to name somebody.” That echoed language in the Supreme Court’s report on its investigation of the leak, which said that “investigators have been unable to determine at this time, using a preponderance of the evidence standard, the identity of the person(s) who disclosed the draft majority opinion.”The interview, which was conducted on April 13 and published on Friday, was as interesting for its existence and forum as for its substance, which was mostly familiar. A few days before the Politico bombshell last May, an editorial in The Journal provided hints about tensions at the court that appeared to be based on inside knowledge. The editorial expressed concern that Chief Justice John G. Roberts Jr. was trying to undermine a five-justice majority by trying to persuade Justices Brett M. Kavanaugh and Amy Coney Barrett to join him in upholding a Mississippi law that banned most abortions after 15 weeks but to stop short of overruling Roe outright.

☆ DeSantis’s Gamble on Abortion
▼ + stars: | 2023-04-17 | by ( The Editorial Board | ) www.wsj.com time to read: 1 min

Ron DeSantis ’s decision to sign a new Florida law that bans most abortions after six weeks of pregnancy is a political gamble that Democrats are eager to attack. The Governor’s obligation now is to explain and defend it if he wants to win the White House. Though Democrats will never admit it, the current abortion debate vindicates Justice Samuel Alito ’s majority opinion in Dobbs last year overruling Roe v. Wade. “The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” he wrote. We now overrule those decisions and return that authority to the people and their elected representatives.”

☆ Supreme Court Faces Swift New Abortion Test With Mifepristone Case
▼ + stars: | 2023-04-14 | by ( Jess Bravin | ) www.wsj.com time to read: 1 min

The mifepristone case is the latest aftershock of the Supreme Court’s 2022 decision overruling Roe v. Wade. WASHINGTON—The Biden administration was expected as soon as Friday to ask the Supreme Court to restore full access to the abortion pill mifepristone after lower courts restricted use of the medication, which the Food and Drug Administration first approved in 2000 and since 2016 relaxed special regulations for its prescription. A late Wednesday order from the Fifth U.S. Circuit Court of Appeals in New Orleans rolled back mifepristone access to the pre-2016 regulations, which limited its use to women pregnant for seven or fewer weeks, required three in-person doctor visits to receive and barred sending to patients through the mail.

☆ Supreme Court Hasn’t Identified Who Leaked Draft of Opinion Overruling Roe v. Wade
▼ + stars: | 2023-01-20 | by ( Jess Bravin | ) www.wsj.com time to read: 1 min

The leak at the Supreme Court was an extraordinary breach of protocol at a court that tightly controls access to its deliberations. WASHINGTON—The Supreme Court said Thursday that a monthslong investigation has so far failed to identify who leaked in May the draft of the opinion overruling Roe v. Wade, the first public statement since Chief Justice John Roberts announced the probe a day after Justice Samuel Alito ’s draft opinion was published. “The team has to date been unable to identify a person responsible by a preponderance of the evidence,” the court’s unsigned statement said, using the legal term for the lowest standard of proof in a case.

☆ Supreme Court Hasn’t Identified Who Leaked Draft Opinion in Abortion Case
▼ + stars: | 2023-01-19 | by ( Jess Bravin | ) www.wsj.com time to read: 1 min

The leak at the U.S. Supreme Court, while not necessarily unlawful, was an extraordinary breach of protocol at a court that tightly controls access to its deliberations. WASHINGTON—The Supreme Court said Thursday that a monthslong investigation has so far failed to identify who leaked in May the draft opinion overruling Roe v. Wade, the first public statement since Chief Justice John Roberts announced the probe a day after Justice Samuel Alito ’s draft opinion was published. “The team has to date been unable to identify a person responsible by a preponderance of the evidence,” the court’s unsigned statement said, using the legal term for the lowest standard of proof in a case.

☆ Supreme Court Investigators Have Narrowed Leak Inquiry to Small Number of Suspects
▼ + stars: | 2023-01-13 | by ( Jess Bravin | Sadie Gurman | ) www.wsj.com time to read: 1 min

WASHINGTON—Supreme Court investigators probing the May leak of Justice Samuel Alito ’s draft opinion overruling Roe v. Wade have narrowed their inquiry to a small number of suspects including law clerks, but officials have yet to conclusively identify the alleged culprit, people familiar with the matter said. A day after the draft opinion was published last year by Politico, Chief Justice John Roberts assigned the Supreme Court’s marshal, Gail Curley , to investigate the leak. The court has released no information regarding the investigation since then. Little has emerged elsewhere, apart from a demand from investigators in June that justices’ law clerks sit for interviews and surrender their cellphones, prompting several of the three-dozen clerks serving in May to seek legal counsel.

☆ Alito says leaked abortion opinion made conservative justices 'targets for assassination'
▼ + stars: | 2022-10-26 | by ( Zoë Richards | Zoë Richards Is The Evening Politics Reporter For Nbc News. | ) www.nbcnews.com time to read: +2 min

Supreme Court Justice Samuel Alito said Tuesday night that the leak of the draft opinion to overturn Roe v. Wade this year endangered the lives of justices by putting a target on their backs. Alito, who was nominated by former President George W. Bush and is part of the court’s 6-3 conservative majority, authored the draft and the final opinion that removed constitutional protections for abortion. Now we're in a new term," Alito said Tuesday, adding that the justices and staff members "want things to get back to normal, the way they were before all of this last term, before Covid." Additional security measures were put in place in the aftermath of the leak and in response to demonstrations outside several justices’ homes. Last week, a Georgia man was arrested on weapons charges after police said they found two handguns and a shotgun in a van he was driving in Washington with plans to “deliver documents” to the Supreme Court.

☆ Supreme Court overturns Roe v. Wade, undoing nearly 50 years of legalized abortion nationwide
▼ + stars: | 2022-06-24 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +7 min

The Supreme Court overturned Roe v. Wade, the landmark ruling that legalized abortion across the US. "For millions of women, Roe and Casey have been critical in giving them control of their bodies and their lives. President Joe Biden and Democratic leaders across the nation swiftly condemned the Supreme Court's ruling on Friday, while Republicans celebrated it. An increased police presence has gathered in Washington, DC, in response to protests outside the Supreme Court. However, legal experts say those are likely to fail, given the Supreme Court has handed off abortion decision-making to the states.

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