When the Supreme Court turns to the case of Dobbs v. Jackson Women’s Health Organization this fall, I believe that six justices will vote to overrule the combined doctrines of 1973’s Roe v. Wade, and then twenty years later, Planned Parenthood v. Casey.
The entire cobbled-together façade of jerry-rigged, ad hoc and incoherent abortion case law would be swept away if that happens, and the half-century of strained readings and outright judicial inventions overruled.
Abortion will remain legal in many states—even late-term, “partial-birth” abortions in some—but in other states, almost never allowed after a heartbeat is detected in the unborn baby.
The issue will return to the political realm to be decided, and after an initial burst of emotional reactions, the Court and the rule of law will be better for it. And the near-uniform chorus of elite media claiming a republic-ending departure from the Doctrine of Stare Decisis? Well, it will be largely ignored—the media discredited as they are on this issue by their relentless, decades-long effort to disappear half the country’s deeply felt beliefs on the subject.
We’ll all be watching closely.
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