Justice Kavanaugh paints a picture very different from the one announced by the court in reversing Roe.
a unanimous Supreme Court rejected a challenge to the agency’s approval of mifepristone, a pill used in more than, because the plaintiffs did not have standing to sue. Rejection of their claims is hardly evidence that the court is keeping its promise, in, to leave the abortion question to the people and their elected representatives. To the contrary: The court’s decision inThere were problems with AHM’s case for standing from the beginning.
Critically, in rejecting the plaintiffs’ standing claim, Justice Brett Kavanaugh’s opinion for the court discusses federal conscience protections more expansively than SCOTUS has before. Health care refusals can harm other citizens in ways that traditional conscience objections involving religious observance or dress do not. These conscience claims can injure, for example, if an emergency room doctor—or attendant—objects: “I do not want to care for this patient because she might have had an abortion.” Ominously,from material and dignitary harm.
What is clear is that in the aftermath of the destruction of abortion rights, it is far from inevitable that the voters in each state will get to reach their own conclusions about reproductive health, and that fact is not lost on the conservative justices of the Supreme
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