The Atlantic

The Curious Incident of the Court That Denied Cert

The Supreme Court declined to hear a case on Arkansas’s regulation of abortion—a lack of action that may speak volumes.
Source: Joshua Roberts / Reuters

Like the dog in Arthur Conan Doyle’s “Silver Blaze,” the Supreme Court on Tuesday did nothing; and many people are curious about the incident. The Court, without explanation and without recorded dissent, denied review in Planned Parenthood of Arkansas v. Jegley, a case testing Arkansas’s extremely strict regulation of abortion induced by means of medically approved drugs (“medical abortion”).

Every first-year law student learns that a denial of review of a lower-court decision means, in terms of the law, exactly nothing. It doesn’t mean that the Court agrees with the opinion below. “A simple order denying a petition for a writ of certiorari is not designed to reflect the Court’s views either as to the merits of the case or as to its jurisdiction,” according to the Tenth Edition of the authoritative Supreme Court Practice and Procedure.

But if you can think about a cert. denial and draw no conclusion at all, you are either superhuman or in a coma. further quotes Justice Robert Jackson: “It is just one of the facts of life that today every lower court does attach importance to denials

Вы читаете отрывок, зарегистрируйтесь, чтобы читать полное издание.

Другое от: The Atlantic

The Atlantic6 мин. чтенияPolitics
The Flynn Pardon Is a Despicable Use of an Awesome Power
The president’s abuse of his clemency power is an assault on one of the few truly humane aspects of the American legal system.
The Atlantic3 мин. чтенияPolitics
The Monster Publishing Merger Is About Amazon
Penguin Random House purchasing Simon & Schuster is not the gravest danger to the publishing business. The deal is transpiring in a larger context—and that context is Amazon.
The Atlantic5 мин. чтенияAmerican Government
Republicans Rediscover the Dangers of Selling Bunk to Their Constituents
Three weeks after the conclusion of the 2020 presidential election, many Republican members of Congress find themselves boxed in. Some have privately congratulated Joe Biden and Kamala Harris for their historic win. But publicly, most Republicans hav