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Originally Posted by Chris
The ‘finessing’ would only occur in private discussion between the Supreme Court justices. There’s no role in this process for the federal government. The leaking has probably occurred at the hands of one of the dissenting minority and is designed to put public pressure on the majority to weaken their final, official opinion as much as possible, given that what they’re intent on doing is clearly opposed by a majority across the US as a whole.
Assuming Roe v Wade is set aside this summer, and certain states trigger their pre-prepared legislation to ban abortion, there then might arise the question of whether the federal government can legislate to overrule them. That in itself would I suspect become a constitutional issue though it’s far beyond my knowledge of the subject.
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You say that the "finessing" would be in
private, but also say that it would be a result of
public pressure.
That is still unduly influencing a judicial decision.
With this decision, complete control would rest with the individual States. Nothing the Federal government could do about it.
Whether or not the majority of the US as a whole, has a certain opinion, doesn't give the Federal authorities the automatic right to override matters that are controlled at State level. Just as the UK government doesn't have a say on devolved matters in the UK.
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The Supreme Court is considering a case which challenges Mississippi's ban on abortion after 15 weeks.
If the court rules in favour of Mississippi, it will effectively end the constitutional right to an abortion, and make abortion rights a decision for individual states once again.
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