Tags: Abortion | Supreme Court | alabama | abortion law

Ex-Asst. US Atty: SCOTUS Unlikely to Take Alabama Abortion Law

picture showing the u.s. supreme court building
(Mark Tenally/AP)

By    |   Tuesday, 28 May 2019 09:51 AM

The U.S. Supreme Court is highly unlikely to take up the Alabama abortion law, according to Kim Wehle, a former assistant U.S. attorney.

Wehle, now a professor at the University of Baltimore School of Law, made her comments in a column posted by The Bulwark on Tuesday.

She noted both sides on the abortion debate are curious what comes next for the Alabama law banning virtually all abortions.

“The Supreme Court has discretion to accept or reject cases submitted for review on what’s known as a petition for a writ of certiorari, which is essentially a request that the Supreme Court grade the legal papers of a lower court,” she wrote.

“The Supreme Court sets its own rules regarding which cases to accept. The current rules require four of the nine justices to vote yes on a case.

“The rules go on to state that a petition ‘is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law.’”

She maintained it is “difficult to see how the Alabama case would qualify, according to the rules for granting certiorari.”

And she noted Chief Justice John Roberts “would presumably make a strong pitch for sparing the institution from the inevitably negative fallout that would follow by reversing Roe.”

“All of which is to say that the odds of this Court ruling to uphold the Alabama law seem reasonably low,” she said.

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The U.S. Supreme Court is highly unlikely to take up the Alabama abortion law, according to a Kim Wehle, a former assistant U.S. attorney.
alabama, abortion law
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2019-51-28
Tuesday, 28 May 2019 09:51 AM
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