Suspense builds for Supreme Court moves on abortion, LGBT cases

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Title : Suspense builds for Supreme Court moves on abortion, LGBT cases
Link : Suspense builds for Supreme Court moves on abortion, LGBT cases

The Supreme Court has yet to announce whether it will take up two of this year’s most closely watched cases, fueling speculation about the justices’ closed-door deliberations.

Justices have repeatedly put off saying whether they will hear arguments in a case challenging an Indiana abortion law enacted by then-Gov. Mike Pence, instead choosing to relist the case for their weekly private conference more than a dozen times since early January.

They have done the same eight times since March for a case concerning an Oregon bakery fined for refusing to bake a cake for a lesbian couple.

Court watchers said that while the content of the weekly deliberations is secret, it’s very unusual for potential cases to be listed for consideration this many times.

They also said it’s possible that the sensitivity of the topics – LGBT and abortion rights – is causing the justices to be overly cautious in deciding whether to hear oral arguments.

The two cases are “almost a road map of the most sensitive hot-button issues,” A.E. Dick Howard, a law professor at the University of Virginia, told The Hill.

The justices gather at a weekly private conference to discuss issues such as requests from those seeking a Supreme Court review of their case. Only one justice is needed to raise a topic for discussion, while four justices have to sign on in favor of the Supreme Court hearing arguments in a case.

But cases listed as being up for conversation at the private gathering aren’t necessarily discussed, and can put off for deliberation at a future date.

A handful of potential arguments presented to the justices each term tends to face a similar fate, popping up on the docket for consideration several times. Still, experts told The Hill that cases typically haven't been brought up as often as these two cases.

The justices’ decisions on whether to hear the cases will likely have political implications, as both pertain to divisive topics.

The Oregon case opens the door for a repeat of the closely watched case decided last year, when the court ruled in favor of a baker refusing to make a cake for a same-sex couple. READ MORE