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13 May 2022
Issue: 7978 / Categories: Legal News , Human rights , International , Constitutional law
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NLJ this week: Judicial integrity & the Dobbs case

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The leaked Dobbs draft judgment, in which the US Supreme Court overturns Roe v Wade and Planned Parenthood v Casey, has created widespread alarm in the US

Writing in this week’s NLJ, however, David Locke, partner, Hill Dickinson, contends there has been a ‘gross lack of understanding of law and process’ in the coverage of the case. He further argues the case has been exploited for political purposes.

He highlights potential motivations for the leak―so the resultant outrage would sway the judges, and to create a rallying point for the Democratic Party support base―and suggests a more proper reaction would have been to ‘wait for the ruling and then seek to codify the law at a federal level, or to campaign for appropriate State level protection… not to undermine the integrity of the Supreme Court’.

Dobbs v Jackson Women’s Health Organization concerns the constitutionality of a 2018 Mississippi state law banning abortion after the first 15 weeks of pregnancy. The Mississippi law has so far been prevented from coming into force by injunctions based on the Supreme Court decision in Casey, which prevents states from banning abortions within the first 24 weeks. Trigger laws, which are primed to apply as soon as Roe v Wade is overturned, are in place in 13 US states, and would automatically make most abortions illegal in the first and second trimesters. A further nine states never repealed their pre-Roe anti-abortion laws.

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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