Your current web browser is outdated. For best viewing experience, please consider upgrading to the latest version.

Contact

Send a question or comment using the form below. This message may be routed through support staff.

Email Article

ERROR
Main Error Mesage Here
More detailed message would go here to provide context for the user and how to proceed
ERROR
Main Error Mesage Here
More detailed message would go here to provide context for the user and how to proceed
search DONATE
Close Nav

What to Expect If You’re Expecting SCOTUS to Overturn Roe v. Wade

back to top
commentary

What to Expect If You’re Expecting SCOTUS to Overturn Roe v. Wade

The Dispatch December 1, 2021
OtherCulture & SocietyMiscellaneous

‘Should it be overturned?’ is not the key question.

Today, the U.S. Supreme Court hears Dobbs v. Jackson Women’s Health Organization, among the most significant cases in a generation. The court will consider whether states may prohibit pre-viability abortions. Deciding they may could lead the court to overturn Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which would cause waves across American law, culture, and politics.

Roe and Casey, the 1992 decision that reaffirmed Roe and prohibited pre-viability abortion regulations that pose an “undue burden,” put the court at the center of arguably the most heated debate in social policy and, in doing so, touched the most fundamental and contested principles in American governing: self-rule, pluralism, federalism, equal protection, substantive due process, natural law, stare decisis, and more. As such, Dobbs invites sweeping, passionate arguments about the most interesting abstract concepts. This is particularly true across much of the political right, where it is widely held that Roe and Casey were wrongly decided and have distorted law and politics ever since.

Though such arguments are unquestionably important, they are unlikely to carry the day in Dobbs. This is not a case about relitigating Roe and Casey. In fact, all six of the current Republican-appointed justices probably would have voted against Roe had they been on the court in 1973. The issue before the court today is what to do given that Roe and Casey have been on the books for decades.

Continue reading the entire piece here at The Dispatch

______________________

Andy Smarick is a senior fellow at the Manhattan Institute. Follow him on Twitter here.

Photo by sharrocks/iStock

Saved!
Close