{"id":1074295,"date":"2021-12-01T20:14:25","date_gmt":"2021-12-02T01:14:25","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1074295"},"modified":"2021-12-01T20:14:30","modified_gmt":"2021-12-02T01:14:30","slug":"former-justice-alito-law-clerk-discusses-supreme-court-abortion-case","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/former-justice-alito-law-clerk-discusses-supreme-court-abortion-case\/","title":{"rendered":"Former Justice Alito Law Clerk Discusses Supreme Court Abortion Case"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fformer-justice-alito-law-clerk-discusses-supreme-court-abortion-case%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1074295&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p class=\"p1\">On Wednesday, the Supreme Court heard arguments concerning a case regarding a Mississippi abortion law that could have massive implications for pro-life laws in the country as experts now predict the landmark 1973 Roe v. Wade decision could be overturned.<\/p>\n<p class=\"p1\">The Daily Wire spoke with <a href=\"https:\/\/law.nd.edu\/directory\/sherif-girgis\/\">Professor Sherif Girgis<\/a>, associate professor of law at Notre Dame Law School, who was a former law clerk to Justice Samuel Alito. Girgis described his predictions about the case and what a decision could mean going forward.<\/p>\n<p class=\"p1\">Girgis told The Daily Wire, \u201cI think there are a lot of close court watchers who would have said at 9:59 [before the arguments began] that there\u2019s no chance the court overturns Roe, but would now tell you that\u2019s the likeliest outcome.\u201d<\/p>\n<p class=\"p1\">\u201cJustice Kavanaugh is widely seen as the swing vote and everything he said signaled that he thought this is an issue that belongs to the states and that the states can be trusted to deal with the moral complexity and the competing values. Justice Barrett repeatedly pointed out the ways in which adoption undermines a lot of the constitutional arguments for a right to an abortion under the 14th Amendment,\u201d he added.<\/p>\n<p class=\"p1\">\u201cJustice Alito exposed the serious weaknesses in the few historical arguments that are ever offered for [a] supposed constitutional right to an abortion,\u201d he said, noting that the arguments on the other side were \u201cunusually weak and muted\u201d compared to what he had expected.<\/p>\n<p class=\"p1\">Girgis also pointed out how Chief Justice John Roberts repeatedly asked if there was \u201ca middle ground, a way to uphold the law without overturning Roe, and was repeatedly rebuffed\u201d as he noted the pro-abortion lawyers made the claim that this is an all-or-nothing issue and there is no middle ground.<\/p>\n<p class=\"p1\">He said he believes that the court will overturn both Roe and Casey and say abortion laws are only subject to \u201crational basis review\u201d and that this is essentially an issue for the states.<\/p>\n<p class=\"p1\">If Roe is overturned, Girgis said states will respond in different ways, noting, \u201cyou\u2019ll see a variety of things. You\u2019ll see federalism at work.\u201d<\/p>\n<p class=\"p1\">The case,&nbsp;Dobbs v. Jackson Women\u2019s Health Organization,&nbsp;concerns a 2018 law in Mississippi that bans most abortions after 15 weeks of pregnancy. As the law stands now,&nbsp;Roe v. Wade&nbsp;and the decisions that came after it hold that states have to allow a woman to be able to get an abortion up to the point of viability, or when the baby can survive on its own outside the womb. Most states hold this mark at around 20 to 24 weeks, so the Mississippi law is a direct violation.<\/p>\n<p class=\"p1\">Mississippi said in its original petition that the questions presented to the Court do not require them to overturn&nbsp;Roe&nbsp;or&nbsp;Planned Parenthood v.&nbsp;Casey.&nbsp;In its brief in July, however, the state&nbsp;<a href=\"https:\/\/www.supremecourt.gov\/DocketPDF\/19\/19-1392\/184703\/20210722161332385_19-1392BriefForPetitioners.pdf\">wrote<\/a>, \u201cRoe and Casey are egregiously wrong\u201d and said the court should overrule those decisions.<\/p>\n<p class=\"p1\">Many are asking why this case, in particular, is so important and being watched so closely. It has to do with the Supreme Court and the question they plan to consider.<\/p>\n<p class=\"p1\">When the Supreme Court agreed to hear the Mississippi case, it said it would consider the&nbsp;<a href=\"https:\/\/www.supremecourt.gov\/qp\/19-01392qp.pdf\">question<\/a>&nbsp;of \u201c[w]hether all pre-viability prohibitions on elective abortions are unconstitutional,\u201d meaning that with this decision, they could rule that states can make their own laws regarding abortion again \u2014 even possibly banning it up to the point of conception. The high court could give power back to the states to restrict abortion like they were able to do prior to the 1973&nbsp;Roe v. Wade&nbsp;ruling.<\/p>\n<p class=\"p1\">The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a <a href=\"https:\/\/www.dailywire.com\/subscribe\">member<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>On Wednesday, the Supreme Court heard arguments concerning a case regarding a Mississippi abortion law that could have massive implications for pro-life laws in the country as experts now predict the landmark 1973 Roe v. Wade decision could be overturned.The Daily Wire spoke with Professor Sherif Girgis, associate professor of law at Notre Dame Law School, who was a former law clerk to Justice Samuel Alito. Girgis described his predictions about the case and what a decision could mean going forward.Girgis told The Daily Wire, \u201cI think there are a lot of close court watchers who would have said at 9:59 [before the arguments began] that there\u2019s no chance the court overturns Roe, but would now tell you that\u2019s the likeliest outcome.\u201d\u201cJustice Kavanaugh is widely seen as the swing vote and everything he said signaled that he thought this is an issue that belongs to the states and that the states can be trusted to deal with the moral complexity and the competing values. Justice Barrett repeatedly pointed out the ways in which adoption undermines a lot of the constitutional arguments for a right to an abortion under the 14th Amendment,\u201d he added.\u201cJustice Alito exposed the serious weaknesses in the few historical arguments that are ever offered for [a] supposed constitutional right to an abortion,\u201d he said, noting that the arguments on the other side were \u201cunusually weak and muted\u201d compared to what he had expected.Girgis also pointed out how Chief Justice John Roberts repeatedly asked if there was \u201ca middle ground, a way to uphold the law without overturning Roe, and was repeatedly rebuffed\u201d as he noted the pro-abortion lawyers made the claim that this is an all-or-nothing issue and there is no middle ground.He said he believes that the court will overturn both Roe and Casey and say abortion laws are only subject to \u201crational basis review\u201d and that this is essentially an issue for the states.If Roe is overturned, Girgis said states will respond in different ways, noting, \u201cyou\u2019ll see a variety of things. You\u2019ll see federalism at work.\u201dThe case,\u00a0Dobbs v. Jackson Women\u2019s Health Organization,\u00a0concerns a 2018 law in Mississippi that bans most abortions after 15 weeks of pregnancy. As the law stands now,\u00a0Roe v. Wade\u00a0and the decisions that came after it hold that states have to allow a woman to be able to get an abortion up to the point of viability, or when the baby can survive on its own outside the womb. Most states hold this mark at around 20 to 24 weeks, so the Mississippi law is a direct violation.Mississippi said in its original petition that the questions presented to the Court do not require them to overturn\u00a0Roe\u00a0or\u00a0Planned Parenthood v.\u00a0Casey.\u00a0In its brief in July, however, the state\u00a0wrote, \u201cRoe and Casey are egregiously wrong\u201d and said the court should overrule those decisions.Many are asking why this case, in particular, is so important and being watched so closely. It has to do with the Supreme Court and the question they plan to consider.When the Supreme Court agreed to hear the Mississippi case, it said it would consider the\u00a0question\u00a0of \u201c[w]hether all pre-viability prohibitions on elective abortions are unconstitutional,\u201d meaning that with this decision, they could rule that states can make their own laws regarding abortion again \u2014 even possibly banning it up to the point of conception. The high court could give power back to the states to restrict abortion like they were able to do prior to the 1973\u00a0Roe v. Wade\u00a0ruling.The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a member.<\/p>\n","protected":false},"author":95,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1074295","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1074295","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/95"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1074295"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1074295\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1074295"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1074295"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1074295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}