In recent months, we’ve discussed the prospect of a Supreme Court reversal of Roe v. Wade. This coming Monday, we’ll look at the actual opinion issued by the Court, together with the concurrences and the dissent.
Here’s a link to the opinion, the concurrences, and the dissent.
Very sorry I can’t join in tomorrow.
Dobbs is only one of five major SCOTUS decisions.
The others:
Bruen (guns). In spite of fanciful “history” (which future decisions may discard without overruling precedent,) Bruen challenges federal and state legislatures to tighten implementation frameworks for the “well regulated militia” in the text of the Second Amendment. “Well regulated” gun ownership cannot be subject to much case-by-case agency discretion. (The exception would be law enforcement/judicial decisions) This is a challenge for our purple part of Maine, where congressional, state Senate and state Representative seats will be contested, with $$$$ flowing from nationalizing groups seeking to buy our votes with fear and anxiety.
Oklahoma (Indian sovereignty). A big shift in the direction of Indian law, where the Supreme Court actually HAS been providing policy guidance for Tribes in the federal system since the 1970s. Oklahoma is a sharp turn toward assimilating tribes into the rest of the federal system, signaling a reduction of “Inherent Tribal Sovereignty” as the tribes’ shield against state authorities on many reservations.
West Virginia v EPA, curtailing judicial deference to EPA judgment calls to force congressional action on “Major Questions. ” How this will apply to other administrative agencies is uncertain.
Carson v Makin, which may affect funding for religious home schooling in the George Stevens area.
Is there a common thread in these five decisions? Mostly, seems a SCOTUS power grab, in spite of protestations by Justice Roberts and others.
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