Discussion: La. Abortion Clinics Ask SCOTUS To Block Ruling That Would Shutter Clinics

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Discussion for article #246559

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Is Scalia allowed to weigh in on this? Isn’t there a precedent for allowing a dead jurist to cast a vote when important cases come before the court within one year of the jurist’s death?

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I think you have the timeline wrong… I think he’s allowed to vote until his vacancy is actually filled…

better check with Pinhead Mitch and Mr SnodGrassley…

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Anybody here who knows how this may go now that Scalia is pushing up daisies? Really, there must be someone here familiar with recent past SC voting records on this topic as other states have attempted, some successful and some not, to pull the same stunts.

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Goes badly against the forced-birthers. They wanted this case, thinking that Scalia could sway Kennedy. Scalia out of the mix, 4-3 decision against LA at the worst, 5-3 if Roberts is thinking of his legacy. Many of the cases in this and other matters were rocket-docketed, thinking that Scalia would work his hoodoo. Dow Chemical just settled a case knowing the outcome, sans Scalia

http://www.bloomberg.com/news/articles/2016-02-26/dow-cites-scalia-s-death-in-settling-urethanes-case-for-835m

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I’m curious to know what happens if another circuit rules in opposition to the 5th circuit, thereby forcing the Supreme Court to adjudicate the case. If the Supreme Court ends with a 4-4 tie, then what?

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Split enforcement. The Circuit court ruling(s) would stand. Might have a situation where something legal in the 9th Circuit is illegal in the 5th. A 4-4 split doesn’t set precedent.

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Thank you! That would be an unstable situation. Makes a mockery of the Republican’s position that we don’t really need a ninth justice in a timely manner.

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The right wants to let Roger Taney vote again…

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I think they are aware of the timeliness, they just what their kind for the ninth justice.

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As Dow settling shows.

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Scalia was one of Reagan’s picks for SCOTUS. I’m sure there are sentimental as well as practical reasons they feel at a loss here.

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Hmm. Isn’t the state infringing on a Constitutional right? Shouldn’t a woman’s right to an abortion in the first trimester be allowed without limit?

That’s how it works for guns. Why don’t other rights work that way?

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Thanks! Yeah, I saw the Dow issue. Still surprised they folded as that IS a lot of money!

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I think the rule is that Scalia can vote for as long as his Photo ID is valid.

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If it ends in a SCOTUS tie the case stands as decided by the lower court.

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Will back alley ‘doctors’ be required to have privileges at back alley hospitals?

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One could argue he’d already been voting from hell for years, so what’s the difference?

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True indeed. Their quandary is while they’re very strong on the local and state levels - for various reasons such as gerrymandering, apathy on the part of Dem voters - they’re weak on the Presidential level. Which eventually leads to loss of a majority on SCOTUS. And this has been the crux of their strategy to force their views on America.

The ninth justice is a greater threat to them than Obama, Obamacare, same sex marriage, or really anything else. From SCOTUS, all things flow.

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Great Scott! Not him again!

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