So Alabama has passed the strictest pro-life law in the nation, amounting to a full-on abortion ban with a lone exception for abortions deemed truly necessary to save the mother’s life. The law has an overtly anti-Roe v. Wade footing, which may or may not be a sound idea as a matter of both litigation strategy and public relations tactics. The reality, as I expressed to Daily Wire Editor-in-Chief Ben Shapiro on his radio program yesterday, is that the U.S. Supreme Court, as presently constituted, is highly unlikely to do anything more on the abortion front than possibly tighten the “undue burden” constitutional standard that was fabricated in the 1992 Roe follow-up case of Planned Parenthood v. Casey. For that reason, it is exceptionally difficult to see a world in which the Supreme Court would even grant a writ of certiorari to hear argument on the Alabama law, after it wends its way up through the federal judiciary.
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