I wrote it up for my LJ. And yes, I read the full opinion, concurrence, and the dissent.
This is a GIANT MESS not because it breaks this small issue over women's health, but because it breaks massive precedents and opens up a wave of trouble. The concurrence is desperately trying to put a finger in that dike but it's hopeless. At the very best we'll get a bunch of cases litigated that in 2-3 years will reach SCOTUS again and Kennedy might side with the liberals to undo some of the damage. On the other hand, in 2-3 years we'll have a Republican party in control of both houses and maybe the Presidency.
This is just going to be bad all up and down the line.
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This
Date: 2014-07-01 03:57 pm (UTC)This is a GIANT MESS not because it breaks this small issue over women's health, but because it breaks massive precedents and opens up a wave of trouble. The concurrence is desperately trying to put a finger in that dike but it's hopeless. At the very best we'll get a bunch of cases litigated that in 2-3 years will reach SCOTUS again and Kennedy might side with the liberals to undo some of the damage. On the other hand, in 2-3 years we'll have a Republican party in control of both houses and maybe the Presidency.
This is just going to be bad all up and down the line.