There have been a lot of misconception and misunderstandings about the significance of the Supreme Court’s decision to deny review for Injunctive relief in Whole Women’s Health v Jackson. I try to tackle some of these misconception and how this case isn’t nearly as big of a deal as people think.
The main take away is that this case was not a decision on the Constitutionality of Texas’ Abortion Law S.B. 8
This case did not overrule Roe
This case does not put Roe in jeopardy of being overruled
Texas’ law is facially unconstitutional and when a Texas citizen brings a Constitutional challenge the Court will strike the case down.
It’s very worrisome that the entire Country thinks this case overruled Roe because it demonstrates a dangerous ignorance over the way the Supreme Court even functions. There was absolutely nothing that they could have done to “block” this law or “Strike down” this law…. That’s not at all how the Court actually functions.
I explain why that is and much much more in this latest episode of Categorical Imperatives.
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.