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CA6 refuses to apply controlling precedent, upholds Ohio abortion ban

By Scott Lemieux

On April 13, 2021

At 2:52 pm

In General

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President Donald Trump and Amy Coney Barrett stand on the Blue Room Balcony after Supreme Court Justice Clarence Thomas administered the Constitutional Oath to her on the South Lawn of the White House White House in Washington, Monday, Oct. 26, 2020. Barrett was confirmed to be a Supreme Court justice by the Senate earlier in the evening. (AP Photo/Patrick Semansky)

Not great news:

The en banc majority says the law restricts communications & d/n prohibit abortions bc it only prevents abortions where a patient communicated with a doctor about reasons for having an abortion.— Leah Litman (@LeahLitman) April 13, 2021

As I said yesterday, today would be a really good day to read @ProfMMurray's @HarvLRev article about the movement to restrict reproductive rights & justice in the name of equity/justice:https://t.co/mJwc4WxD4B— Leah Litman (@LeahLitman) April 13, 2021

Judge Moore's dissenting opinion: https://t.co/oV9gK9wvvY— Leah Litman (@LeahLitman) April 13, 2021

Judge Clay dissents, saying the majority is overruling Whole Woman's Health.— Leah Litman (@LeahLitman) April 13, 2021

Judge Sutton concurs, saying the federal courts shouldn't be deciding abortion cases because it prevents localities from weighing interests in different ways (this is a reason to overrule Roe/Casey).

Judge Griffin concurs, likening women who obtain abortions to eugenicists. pic.twitter.com/pKQrQ5uO1W— Leah Litman (@LeahLitman) April 13, 2021

Judge Bush concurs, because what we really need is more men writing on this topic.

He says even if the law banned some abortions pre viability, it would be constitutional. pic.twitter.com/wPxZkuKDZV— Leah Litman (@LeahLitman) April 13, 2021

I’m sure Roberts is in no hurry to hear abortion cases that pose a square conflict with Casey. But — with the encouragement of the Thomas-led Supreme Court faction that wants Roe gone ASAP — the Trumpified circuit courts are going to keep generating rulings that are going to force the Court’s hand sooner rather than later.