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Will SCOTUS Accept an Abortion Case?

By George Khoury, Esq. on October 29, 2018 | Last updated on March 21, 2019

Given the confirmation of Justice Brett Kavanaugh, several commentaries have been published questioning whether, or just when, the High Court will take up a case involving abortion.

Currently, there are a few cases that have pending petitions before the justices, but it's believed that the justices are trying to avoid the issue due to how political of an issue abortion is, and how political the recent confirmation hearings were. It's posited that the High Court may want to avoid such partisan issues until it feels that the public's trust in it has rebounded.

Ginsburg Blames Congress for Partisan Politics

The Notorious RBG, during a public appearance, basically blasted Congress for how the Kavanaugh confirmation hearing went, without exactly saying that, so much. And this sentiment may actually be reflected in the cases the Court decides to take up this term. For instance, the most recently accepted cases involve some issues with a sex offender's supervised release, and two questions surround intellectual property law. Nothing political to see there.

Abortion Funding Circuit Split

One of the bigger issues that is now the center of a big circuit split involves Medicaid funding for abortion. Under federal law, states must allow it to be used for all medical providers, including abortion services like Planned Parenthood, but only two out of three circuits that have considered the question agree.

And while these cases, or any of the others on the docket potentially, may not be overturning Roe v. Wade, the move to limit abortion rights by pro-life groups has been ongoing for some time now.

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