Wednesday, May 18, 2016
Some news. . .
You can read the opinion here. For what it is worth, the Court really sent the dispute back to the respective Courts of Appeals in view of what it termed more information so the lower court may giver consideration to "the substantial clarification and refinement in the positions of the parties" that came in response to that Court's own compromise proposal. If you read her concurring opinion, Justice Sotomayor (joined by Ginsburg) is not completely satisfied by this, but willing to go along with it. In the crunch, the SCOTUS essentially punted the ball instead of trying to proceed down the field. While some are disappointed, I am hopeful that this means the issue (which will most certainly come back to the Court) will be decided when a full bench is seated. Though it is possible that the parties may find agreement in a redone lower court ruling, I believe that this virtually guarantees that the Supreme Court will ultimately have to weigh in on the issue but such will not happen until next year's term at the earliest and therefore when the vacancy is filled. Pray brothers and sisters that the seat is filled with a pro-life judge!