Bingo.RZehr wrote: ↑Fri Jun 24, 2022 5:01 pmOkay I understand that. Would it be disingenuous for the media to call the ruling 6-3? I suppose the best way, is to say the ruling at hand was 6-3, but when discussing overturning Roe, that ruling was 5-4?Ken wrote: ↑Fri Jun 24, 2022 4:51 pmIt was exactly like the quote you cited.
They voted 6-3 to uphold the Mississippi law which restricted (but did not completely outlaw) abortions. The question in front of the court was the Mississippi law and not Roe v. Wade.
However only 5 of the 6 conservative Justices signed onto the more expansive opinion to completely overturn Roe, which was not actually something that was in front of the Court.
In other words, Justice Roberts was in favor of a narrow opinion upholding the Mississippi law but not addressing the larger question of Roe. The other 5 justices wanted to throw out Roe all together even though that question wasn't really in front of the court.
Courts generally have the option of making a narrow ruling addressing only the case at hand. Or making a broad ruling that addresses the case at hand by overturning some much larger principle or law. In this case, 5 Justices decided to go big and overturn Roe while one wanted to keep the ruling small and limited to the specific Mississippi law in question.