re: #258 No Malarkey!

I haven’t bothered to read Roberts’ concurrence to see if he invented some new standard to let him say Roe was still good law and a 15 week limit was constitutional. Since he couldn’t get any Justices to join him, its kind of irrelevant.

Roberts’ concurrence was full of the kind of reasoning that conservative jurists are supposed to love — particularly that business of not deciding more than they need to in order to deal with the case they are hearings. In other words, Roberts was saying (correctly IMO) that the MS 15 week ban could be upheld without overturning Roe.

So I bet that scared the crap out of Alito.