If you want to take a plunge into the roiling id of the anti-choice movement, go to Albuquerque. Tomorrow, the half-million residents of New Mexico’s most populous city will vote on a ballot measure that would ban abortion after 20 weeks. Although 13 states have enacted similar laws, if Albuquerque’s measure passes, it will become the first municipality to impose a 20-week abortion ban.
The two major same-sex marriage cases decided by the Supreme Court in June were puzzling for at least two reasons. Windsor, which struck down a major provision of the Defense of Marriage Act, featured a notably opaque opinion by Justice Anthony Kennedy. Hollingsworth v. Perry, on the other hand, which resulted in legal same-sex marriage in California—albeit through a technicality—had a vote lineup that bore little relationship to how justices typically vote in standing cases, suggesting strategic voting on both sides. Part of the reason for these anomalies might be the Justice Kennedy's uneasiness. But it's worth noting that the outcome produced by these two cases is consistent with the long-held beliefs of one justice who was (unlike Kennedy) in the majority in both cases: Ruth Bader Ginsburg.
As Salon's Irin Carmon reports, a Republican appointed district-court judge has prevented a new statute that would force the only remaining abortion clinic in Mississippi to close. (The new law was necessary because, despite the best efforts of past Mississippi legislatures, one lone clinic in Jackson has managed to heroically persevere through a maze of state restrictions.) The stay is temporary, and the issue will presumably have to be resolved by a higher appellate court, possibly ending with the Supreme Court of the United States.
With no judicial record to review, it's hard to see how Elana Kagan would rule on any number of issues were she to be confirmed. The confirmation process won't help, because we all know how reluctant nominees are to say anything that might be construed as an opinion. But neither does the memo she wrote urging President Bill Clinton to ban late-term abortions, reported on by the Associated Press.