Pro-choice lawyers to Roberts, Kavanaugh and Barrett: Remember that mighty fine opinion you wrote? How about you use it to uphold abortion rights?
During Justice Anthony Kennedy’s long reign as a swing vote, Supreme Court litigators catered their arguments straight to him. Savvy lawyers stoked Kennedy’s ego by stuffing their briefs with citations to his past opinions. After he stepped down, the Supreme Court bar began aiming their arguments at the conservative justice most likely to be a swing vote in a particular case. This tactic, however, only worked when the court split 5–4 along ideological lines.
. Pro-choice lawyers have three conservative justices in their sights: Chief Justice John Roberts, Justice Brett Kavanaugh, and Justice Amy Coney Barrett. They only need to convince two out of three to preserve, but they’ve tried to boost the odds by flattering all three conservatives whom they seem to view as “Chief Justice John Roberts
Roberts’ vote is the lowest hanging fruit for abortion rights supporters. In 2020, the chief justice sided with the liberals into strike down Louisiana’s draconian restrictions on abortion clinics, which were designed to regulate legal abortion out of existence. Roberts didn’t sign onto the liberals’ opinion, which took an expansive view of abortion rights.
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