Originally Posted by James Brown
Fortunately, the Court will not consider popular opinion - they'll consider the constitutional underpinnings of Roe, and reach their conclusions. I think this is true for the liberal and conservative wings of the court both. Their constitutional analysis will vary dramatically, depending upon their school of approach to constitutional law.
This raises an interesting point, I think. Some think that an originalist approach like that employed by Scalia or Thomas is the only valid and proper approach. Opposite hard-liners on the left think a more dynamic interpretation such as used by Sotomayor or to a lesser extent RGB is the only valid and proper approach. Actually, both are valid approaches that have strengths and weaknesses. This is why actual court opinions are so complex and interesting.
Many states already have permissive abortion laws. Some do not. I personally think this is appropriate. Let the states decide. If Roe is overturned and this issue is kicked back to the states, I would expect more pro-choice state legislatures over time and more permissive state laws over time. Overturning Roe, could be the motivation for Texas turning blue for example. Hard to tell.
In general, I agree with much of what you've stated. However, when you state, "they'll consider the constitutional underpinnings of Roe, and reach their conclusions", I think that applies to some of the members of the court but not to all of them. Take Clarence for example, he's already reached his conclusions without hearing anything.
If you've followed the annihilation of Trump's legal case regarding his perceived executive privilege over records, you'll know that a district court, a court of appeals and the supreme court including all three of Trump's appointees unanimously concluded Trump's arguments were obviously baseless. ONE, Clarence, thought Trump had a case would have sided with him and said so in public. Clarence isn't a conservative judge. He's a partisan, far right wing advocate who had already made up his mind before he ever heard the arguments on the abortion cases currently being decided by the court. I don't think Goursuck is too far behind him but at least he'll go through the pretenses of hearing and deciding the arguments made before him. I don't think Clarence even needs to show up since everybody knows what his opinion will be...
