On Monday after MSNBC spent an hour and fifteen minutes broadcasting Supreme Court justices questioning attorneys on the controversial anti-abortion law in Texas, two legal analysts admitted that it was "significant" that two of the conservative justices seemed "skeptical' that the law passes constitutional muster.
Former U.S. Attorney Barbara McQuade was the first to weigh in and indicated that she thought the Texas legislature that passed the law might be in for a setback.
"Well, the thing that seems significant to me, if not extraordinary, is the open skepticism, if not downright hostility we've seen by Justices [Brett] Kavanaugh and [Amy Coney] Barrett," she admitted. "And with those two votes, we could see a successful challenge to SB-8."
"It was Justice Kavanaugh who raised the hypothetical that [former Solicitor General] Neal [Katyal] previewed earlier about if a state can do this with abortion rights, can't a state do the same with gun rights and other things?" she elaborated. "The answer to that was about how we have to trust states to be faithful to the Constitution. Well, if Texas isn't faithful to the Constitution here, I don't see how we can expect that elsewhere. That was a powerful moment in the argument."
Katyal agreed, saying he could see the justices striking down the "vigilante" portion of the law that allows non-involved parties to sue the women.
Watch below:
MSNBC 11 01 2021 11 24 03youtu.be
