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Data: Kaiser Family Foundation Health Tracking Poll; Chart: Andrew Witherspoon/Axios

Abortion rights are in the balance with Justice Anthony Kennedy's retirement from the Supreme Court, but most voters want the high court to keep abortion legal, according to polling from the Kaiser Family Foundation. The survey was conducted before Kennedy announced his retirement.

Why it matters: The Supreme Court isn't responsive to public opinion in the same way the elected branches are, but it does often try not to get too far ahead of public opinion — especially under the leadership of Chief Justice John Roberts, who's known for his concern for the court's institutional standing.

Abortion rights will also be the No. 1 issue for the Democrats gearing up to fight President Trump's nominee, even without enough votes to block him or her.

Between the lines: Public support for abortion rights helps explain why a post-Kennedy court is likely to chip away at abortion rights incrementally, rather than immediately taking on Roe v. Wade.

  • If a more conservative court does begin to roll back abortion rights, it would almost certainly start by upholding state-level restrictions like bans on abortion after a certain point in a pregnancy, or prohibiting specific types of abortion procedures.

The intrigue: This isn't really about health care, but The New York Times has a good story on the family connections and not-so-subtle lobbying the White House deployed to push Kennedy toward the exit.

Go deeper: How the Supreme Court could start rolling back abortion rights

Go deeper

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Former FDA commissioner Scott Gottlieb said on CBS News' "Face the Nation" that the coronavirus death toll in the U.S. will be "definitely" somewhere between 200,000 and 300,000 by the end of 2020.

Why it matters: "Whether we're closer to 200,000 or closer to 300,000 depends on what we do now and how it evolves," Gottlieb warned on Sunday as the U.S. surpassed five million confirmed coronavirus cases.

Mnuchin says Trump executive orders were cleared by Justice Department

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Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 11 a.m. ET: 19,680,042 — Total deaths: 727,777 — Total recoveries — 11,962,565Map.
  2. U.S.: Total confirmed cases as of 11 a.m. ET: 5,002,523 — Total deaths: 162,455 — Total recoveries: 1,643,118 — Total tests: 61,080,587Map.
  3. Politics: Nancy Pelosi says states don't have the funds to comply with Trump's executive order on employment — Trump adviser Larry Kudlow says he regrets suggesting the benefits could only be extended by Congress.
  4. Public health: Fauci says chances are "not great" that COVID-19 vaccine will be 98% effective — Poll: 1 in 3 Americans would decline COVID-19 vaccine.
  5. Schools: Nine test positive at Georgia school where photo showing packed hallway went viral — How back-to-school is playing out in the South as coronavirus rages on — Princeton, Johns Hopkins, Howard to hold fall classes online.