'Stealth victory' uncovered in Louisiana abortion ruling
The gamechanger now is Roberts' concurrence.
The chief justice "declared that the 'cost-benefit' undue burden analysis has no place in constitutional law. Judges, he said, are competent only to discern whether a pro-life law actually inhibits a woman from obtaining an abortion. They are not equipped to closely scrutinize the law‚Äôs policy merits (that‚Äôs the legislature‚Äôs job) or whether those policy merits 'outweigh' any of its burdens (that is a golden ticket for imposing pro-abortion judicial bias)."
The cost-benefit analysis standard is no longer a precedent, he pointed out, because when a decision lacks a majority opinion, "lower courts are required to follow the concurring opinion that used the 'narrowest grounds' to reach the final result."...