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Strict Scrutiny

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The Court's Hand Might Not Be Willing to Overturn Roe

Roxanne Jones: You can almost eliminate abortion access in much of the country without ever touching Roe. But if the court is confronted with a six-week ban or a total ban, it can't decide that case without reaffirming or overturning Roe. She says these states may force the court's hand despite its preference for this kind of death by 1,000 cuts approach. Jones: The Supreme Court is certainly not obligated to take any of these cases if a court of appeals actually invalidates the law.

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