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Can Cooper v. Aaron Save Roe v. Wade?

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Josh Blackman | 9.24.2021 1:27 AM

On Thursday, Texas abortion groups filed a petition for certiorari before judgment in Whole Woman's Health v. Jackson. The groups argue that the Fifth Circuit has already signaled how it will rule, and arguments will not be held under December. Thus, there is no need to wait further.

I think this Hail Mary is unlikely to succeed. First, the posture of the case here is very similar to the posture of the case the Court ruled on earlier this month. WWH's cert petition faces the same jurisdictional hurdles that the emergency application faced. It would only take four votes to grant cert here, but it will take five votes to expedite consideration. I can't count to five. The same five Justices who denied the stay would likely deny expedition. Second, the timing works against WWH. I can't imagine the Justices are eager to take this case up at the same time as Dobbs–especially before the Fifth Circuit had a chance to rule. Third, the Justices are far........

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