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U.S. Supreme Court,
Constitutional Law

Dec. 14, 2021

‘A chill wind blows’: Flaws in high court’s SB 8 opinion

So much is wrong with the U.S. Supreme Court’s Friday morning decision in the Texas abortion statute decision that it can’t all be tracked in a single essay. Whole Woman’s Health v. Jackson, 2021 DJDAR 12557. Let’s briefly examine just three.

Rory K. Little

Joseph W. Cotchett Jr. Professor of Law
UC Hastings College of the Law

Email: littler@uchastings.edu

Rory clerked at the U.S. Supreme Court and also served as an associate deputy attorney general in 1996-97

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So much is wrong with the U.S. Supreme Court's Friday morning decision in the Texas abortion statute decision that it can't all be tracked in a single essay. Whole Woman's Health v. Jackson, 2021 DJDAR 12557. Let's briefly examine just three:

1. By relying on authorities from the 1930s, 1910s and earlier to avoid saying anything ...

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