A divided Supreme Court on Tuesday weighed which state officials can defend abortion bans in court — a procedural question with implications that extend beyond reproductive health in states where the governor and attorney general hail from opposing parties.
The arguments marked the first abortion case to be argued in full before the court’s 6-3 conservative majority and centered on whether Republican Kentucky Attorney General Daniel Cameron could defend his state’s ban on some forms of abortion after two courts found it unconstitutional and Democratic Gov. Andy Beshear refused to defend it further.
A decision, which is expected next summer, could extend beyond abortion to Covid mandates, gun control laws and even election results.
“Do you want to preclude the state from participating?” Roberts asked Alexa Kolbi-Molinas, a senior staff attorney with the ACLU Reproductive Freedom Project, who argued Cameron’s involvement would create a “revolving door,” by allowing state officials back as a party in lawsuits after they’ve already exited.
Story continues at: Abortion