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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 A further nine states never repealed their pre-Roe anti-abortion laws.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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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