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Morning Briefing

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Friday, May 17 2019

Full Issue

Kavanaugh Wrestled Before With The Concept Of Overturning Precedent. Would That Hesitancy Resurface With Roe V. Wade?

Eyes are on both Chief Justice John Roberts, who appears to favor an incremental approach to his decisions, and Justice Brett Kavanaugh, who previously mused about what compelling reasons there could be to overturn precedent. Meanwhile, there's a quieter battle being waged in courthouses across the country.

Sweeping state-level abortion restrictions present a direct test of whether the newly constituted Supreme Court is willing to revisit Roe v. Wade, the landmark abortion-rights precedent that has spurred deep divisions for nearly 50 years. States with antiabortion legislative majorities have long been weighing how to prompt a Supreme Court review of the 1973 ruling, but generally have preferred a strategy aimed at reducing the procedure鈥檚 availability through incremental restrictions that hamper providers, or by forbidding late-term abortions. (Kendall and Bravin, 5/17)

Alabama is the latest in a growing list of states passing bans on abortion in an attempt to get the Supreme Court to weaken or overturn Roe v. Wade, the 1973 ruling that legalized abortion nationwide. Unlike most of the other state laws that have passed this year, however, the Alabama law would completely ban abortion except when the woman鈥檚 life was in danger from the pregnancy. (5/16)

As abortion opponents cheer the passage of fetal heartbeat laws and other bans on the procedure, abortion-rights groups have been waging a quieter battle in courthouses around the country to overturn less direct restrictions passed in recent years. At least a dozen lawsuits have been filed over the last two years challenging what abortion-rights groups call TRAP laws, Targeted Restrictions on Abortion Providers. (5/16)

The Senate confirmed Louisiana lawyer Wendy Vitter as a federal judge Thursday, overcoming opposition from Democrats who criticized her anti-abortion stance and accused her of trying to hide her record on the issue. Maine Sen. Susan Collins was the only Republican to oppose Vitter's nomination, which was approved 52-45. (Daly, 5/16)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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