Utah v. Shildon
On January 3, 2023, Representatives Matt Gross and William Landry introduced a bill into the House of Representatives that would bar federal courts, including the U.S. Supreme Court, from citing a number of the Court’s decisions on abortion rights “for the purpose of precedent.” In particular, the Gross/Landry bill bars federal courts from citing Roe v. Wade or Planned Parenthood v.
Casey in any case or controversy that focuses on a woman’s right to choose an abortion on demand or on restrictions thereof. The bill cites Article 3, Section 2 of the Constitution, which allows Congress to restrict the Court’s appellate jurisdiction, as legal justification for Congress’s power to regulate rules of precedent. The House passed the bill by a party line vote of 240 to 195; the Senate passed it in the same way (51 to 49), and the president signed it into law on July 1, 2018.
At the beginning of the 2023 Court term, a case emanating from the Kansas Supreme Court, Utah v. Shildon, made its way to the docket. The case involves a state law that made it illegal for any doctor to perform an abortion after a heartbeat is detected in a fetus. After the 8″ circuit upheld the law, the Supreme Court agreed to hear the case. When it took it up, the justices knew they had to deal with the Gross/Landry law as a threshold question before reaching the merits.