Toi: I wouldn’t want your name on my amicus on a Roe case, whichever way you were to argue. Dems would like to consider Roe as “super-precedent”. Barrett and other conservatives (not sure about Roberts) will adhere to the litmus test Barrett offered and I noted above that a case cannot be “super-precedent” and thus immune from being overturned if there is still ongoing and widespread public debate over its legitimacy. I personally find ANY legislation mandating how we make our own medical decisions a violation of personal liberty while acknowledging that tethering Roe into a Constitutional right to “personal liberty” is likely to be back before the Court within the next year or two. Watch the Mississippi case where the AG is deliberately pushing a case that intentionally violates Roe as a test case for the new conservative court.
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