John Yoo: Supreme Court swing vote – What’s behind John Roberts’ legal gymnastics?
By a 5-4 vote, a fractured Supreme Court Monday struck down Louisiana’s effort to regulate abortion by requiring abortion doctors to have admitting privileges at local hospitals. Chief Justice John Roberts agreed with four liberal justices that the state law imposed a “substantial burden” on a woman’s right to an abortion.
While the decision guarantees that abortion will continue to roil our politics, it may prove an even more important signal of Roberts’ determination to foil President Trump’s agenda to remake the federal courts.
June Medical Services v. Russo displays Roberts in fine form as a legal gymnast. Four years ago, in Whole Women’s Health v. Hellerstedt, the chief justice had voted to uphold an identical law from Texas. He lost that case, however, because…