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Gov. Kathleen Sebelius appointee penned anti-abortion Court of Appeals ruling

Source: 
Topeka Capital-Journal
Author: 
Justin Wingerter
Date: 
Monday, January 25, 2016

"Former Kansas Gov. Kathleen Sebelius is a foe in the eyes of anti-abortion advocates in Kansas, and yet it was a Sebelius appointee who issued the Kansas Court of Appeal’s anti-abortion minority opinion Friday.

Richard Levy, a professor of constitutional law at the University of Kansas, said lower court judges have less discretion to pursue personal predilections because they are bound by higher court rulings.

“Judges in the Court of Appeals are, in some ways, trying to figure out how the Kansas Supreme Court will interpret and apply the law,” he said. “So the level of the court may make it less likely that judges will be nakedly ideological.”

...

Levy said there is data showing a correlation between which political party appoints a judge and how that judge rules on ideological issues. Still, he warns against forecasting court opinions.

'A lot of people are trying to read tea leaves, but experts, or so-called experts, are notoriously bad at predicting outcomes,' Levy said. 'In some cases, justices and judges really surprise people.'”

 

Faculty name: 
Richard Levy