From Turley’s Twitter feed, this thread:
Justice Thomas was first out of the gate to question Scott Stewart in the Dobbs hearing. Stewart went straight for Roe and called for it and Casey to be overturned. Thomas is using his questions to amplify the challenge points. Many of us are waiting to hear from Chief Justice Roberts and Justice Kavanaugh who pro-choice advocates hope to lure over toward the left of the Court to preserve Roe. Breyer is hitting stare decisis rather than the merits for the basis of Roe. He is suggesting that the integrity of the Court is at stake in supporting its precedent. …Notably, however, Breyer has voted to overturn precedent and would clearly do so on core cases like Heller and Citizen’s United.
Chief Justice Roberts just hit the state with a tough question. He noted that the case was accepted to consider pre-viability lines but the state then pushed in briefing to overturn Roe. The suggestion is that they exceeded the original question. …I think that the broader question is implied but it is interesting that Roberts is flagging the question of whether the broader issue is fairly before the Court. Frankly, I think it is hard to discuss the basis of viability without discussing the viability of Roe itself.
…However, the original question from Roberts now takes on a different patina. When he asked about viability it followed questions from Sotomayor and could be viewed as questioning what remained from the Roe…
… His follow up question may indicate that Roberts was laying the foundation for asking why Roe is being challenged in an appeal on viability if viability was not a part of Roe… …Roberts is the key for pro-choice advocates. He is an incrementalist who tends to get “sticker shock” on major rulings, particularly on issues with sweeping social implications. The issue of the narrower question may appeal to Roberts as a way to avoid a frontal attack on Roe.
The oral argument in Dobbs was the fascinating and edifying. It was civil and substantive. The counsel on both sides served their causes and clients well… …The questions certainly seemed to support the right of states to set the earlier line for such laws. Indeed, the very viability standard seemed to have few supporters on the Court…
…For pro-choice advocates, the oral argument probably will be read as now hoping to minimize any losses. What was striking however is that the pro-choice side did not offer alternatives if the Court were to drop the emphasis on viability. That leaves a steep cliff problem. …While some of Roberts’ questions indicate his expected probing for a middle option, Kavanaugh did not sound deterred by the stare decisis defense. The liberal justice spent more time arguing stare decisis than the merits of the constitutional support for the right of abortion.
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