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1st - but not last -- SCOTUS op: Chief Justice (6-3) writes Cummings v. Premier Rehab Keller that emotional distress damages are not available in suits under the Rehabilitation Act or Affordable Care Act
supremecourt.gov/opinions/21pdf
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Because the opinion is from the Chief, the other opinions will also be from the Chief (who is the most senior).
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***** NOTE: this is important: Cummings was argued in the December sitting. So was Dobbs (the MS abortion case).
There are only 9 cases argued in December --> that SEEMS TO IMPLY that the Chief Justice was NOT assigned the opinion in Dobbs ....
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... now perhaps the Chief could/would have assigned the opinion to Kavanaugh or Barrett, in the hope that they would see their way to not completely overruling Roe, but just eviscerating it (for now)....
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... Or it was assigned to someone who didn't share the Chief's views -- and wanted to completely overrule Roe.
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and it's also possible things changed after conference -- the opinion was assigned to someone else, but someone from that majority peeled off to join a separate writing from the chief that's narrower.
we'll see....
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it just means that, when the justices initially voted and decided who would write what opinion, the dobbs opinion was not assigned to the chief justice to write the controlling opinion.
the chief was the one pushing "don't completely overrule roe, just narrow it."
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Does this hold true given that it turns out the Chief didn't actually write another opinion yet?
In June you'll get an opinion from Barrett throwing Roe in the trash. It can't be any other way.
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They have been writing their opinions overturning Roe in their fantasies for years. All of them will write.
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Im sorry, I'm not seeing how you jumped from (writes Cummings/others will be from Chief/both were in Dec) to the chief will not write it? Maybe Im missing something in the chain...
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I agree. But am no expert. Why couldn’t he write both (though he may not have)? If he’s in the majority he can right every single opinion if he wants no? He’d never do so but that’s not relevant here.
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It's Thomas and he's going to light Roe on fire.. Maybe literally, on a Fox News televised spectacle featuring Kid Rock and Toby Keith.
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Like when LeBron did an entire ESPN special telling Cleveland he was leaving.
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Is there any type of spending clause legislation that Congress can use to force states to protect abortion rights?
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Are you saying that because there were 9 cases, every justice will be assigned one?
I'm waiting for Alito, or "Just Adopt Out" to issue the opinion on Dobbs.
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Alito would be the worst in my opinion. Or Thomas.
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