“My guess is that in the clear majority of cases, perhaps the overwhelming majority of cases, after everything is shook out, abortion will remain legal at least in the earlier stages.”
“It was already the position of his administration that Mitchell should have immunity. This is exactly what you do when you're in the solicitor general's office in cases like this. You argue for the broadest executive power position that can be argued. No one in any administration — Democrat or Republican — would have said anything different.”
“The fact of the matter is very few appellate judges have had reason to rule on huge executive power issues, so the track record is not that informative.”
