The Court did its best to avoid letting the politics of abortion further warp the relationships between federal courts and state government.
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H
ard cases make bad law, and bad decisions make more hard cases. Roe v. Wade was a bad decision that has distorted many areas of our law. The Supreme Court created this monster with Roe, but in the Texas abortion cases decided this morning, it found itself caught between two sides trying to evade or rewrite the rules. On the one side was the Texas legislature: The new Texas abortion law, S.B. 8, is a too-clever-by-half attempt to get around Roe’s distortions by creating its own somewhat-novel enforcement mechanism. On the other side were the abortion clinics and the Justice …
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