The coronavirus is being used to justify abortion bans. The Supreme Court may buy it.
protecting their ability to provide abortions. Yeakel, a George W. Bush appointee, wrote that the minor, theoretical benefits of limiting abortion are “outweighed by the harm of eliminating abortion access in the midst of a pandemic that increases the risks of continuing an unwanted pregnancy, as well as the risks of traveling to other states in search of time-sensitive medical care.
Regarding a woman’s right to a pre-fetal-viability abortion, the Supreme Court has spoken clearly. There can be no outright ban on such a procedure. This court will not speculate on whether the Supreme Court included a silent ‘except-in-a-national-emergency clause’ in its previous writings on the issue. Only the Supreme Court may restrict the breadth of its rulings. The court will not predict what the Supreme Court will do if this case reaches that Court.Roe v.
, it’s also “a strong sign of how the court may rule” on the merits. Equally ominous is Dennis’ decision to publicly dissent in a brief noting that “irreparable harm would flow” from Texas’ abortion ban “during this critical time.”
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