Will Kavanaugh (And The Supremes) Take The “Emergency Petition” — On Tennessee’s 48 Hour Waiting Period Law — For Abortions?

I expect the Supremes will (upon a referral from Justice Kavanaugh) take this one.

I doubt the court will rule immediately on the merits — but simply stay the Sixth Circuit’s injunction, during the balance of the appeals. But we shall see. The petition was filed by Tennessee, overnight — and Kavanaugh is assigned to review matters arising out of the Sixth Circuit — like this one. 

We won’t outline the applicable federal law just yet — preferring to wait and see what the Supremes do, in the interim. 

But to be certain, we will keep an eye on it. And (for the moment) we will trust that Chief Justice Roberts, and the full court, when asked — will apply correctly what is about 45 years of binding precedent. Onward, to a warm sunny mountain bike hike. . . . 


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