The Supreme Court majority's callous disregard for marginalized women
If there were any doubts about how conservative the Roberts Court has become, one need only listen to the oral arguments last week in Dobbs v. Jackson Women's Health Organization, a case that fundamentally challenges the constitutionality of Roe v. Wade.
The only conservative justice who appeared to have any appetite for preserving some version of the right to terminate a pregnancy was Chief Justice John Roberts. The tenor of questions from the remaining five conservative justices however suggested they saw little reason to uphold Roe. Even if Roberts, the consummate institutionalist, can ultimately persuade another conservative to join him in finding a putative middle ground to preserve the court's legitimacy, the likely result would still be an opinion that preserves Roe in name only.
In short, Roe will either be explicitly overturned or its core holding, that states may not prohibit abortions before viability, will be eviscerated, making Roe as good as dead.
At issue is the constitutionality of a Mississippi law that bans abortions at 15-weeks' gestation, two months before viability, when a fetus can survive outside the womb. That the court was willing to consider the constitutionality of a law in direct conflict with precedent demonstrates how much the court has changed since Roe was decided in 1973 and reaffirmed in Planned Parenthood v. Casey in 1992.
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