Justice Samuel Alito is … puzzled. So are Justices Clarence Thomas and Neil Gorsuch. Even Justice Ketanji Brown Jackson can’t quite make out what happened, and the decision went nominally in her favor.
In fact, anyone who reads the supposedly “per curiam” order vacating the certiorari writs in Moyle v US and Idaho v US will be puzzled, not least by the claim of “per curiam” attached to multiple attachments of dissent and concurrence by nearly everyone on the court. There seems to be very little consensus behind what happened to this challenge against federal government authority to Idaho’s restrictions on abortion. After oral arguments and 46 amicus submissions, not to mention months of deliberation, the court waited until the last minute to Pontius Pilate the case entirely.
[Our VIP and VIP Gold members partner with us to provide the resources for in-depth analysis and…
