Dobbs v. Jackson: This is the Big One

real clear politics

05-21-2021

Roe is constitutional law; Roe is common law; Roe was engraved on tablets of stone and handed down by God to Jessica Valenti atop Mount Choice. The case in question, Dobbs v. Jackson Women’s Health Organization, is being litigated over a statute in Mississippi that bans most abortions after 15 weeks of pregnancy. Faced with the prospect of actually influencing abortion law, Roberts headed for the hills. The Mississippi case is the big one, and it may also be the last one. This dovetails into another set of stakes in the Mississippi case, which have to do with internecine conservative politics.

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59.37% objective
51.93% positive

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SUN TIMES - What if Roe v. Wade is overturned?
-15.34% LESS objective
7.2% MORE positive

As soon as the Supreme Court granted certiorari in the case of Dobbs v. Jackson Women’s Health Organization, I rushed online to see the anticipated outcry. Besides, any Supreme Court decision would not come down until a year or more from now. It’s also worth noting that even the Mississippi law under consideration at the Supreme Court only forbids abortions after 15 weeks’ gestation. If the Supreme Court were to change abortion law, many more women in states with restrictive abortion laws would probably attempt to secure abortifacient medicines. If the Supreme Court grasps this nettle and reverses Roe/Casey, millions of Americans who have tended to focus their political sights on Washington, D.C., will be forced to look homeward.

PEOPLE - Texas Enacts a Near-Total Ban on Abortions, Outlawing Them After 6 Weeks of Pregnancy
-5.42% LESS objective
11.69% MORE positive

Greg Abbott signed one of the country's most restrictive abortion bans into law on Wednesday, prohibiting women from getting the procedure after six weeks of pregnancy. 8, is considered a near-total ban on abortions in the state, as women often are not aware that they are pregnant by the six-week mark. Often called a "heartbeat ban," the law is based on when the fetal heartbeat can first be detected, the earliest being six weeks into pregnancy. With a conservative majority now on the Supreme Court, its decision on the case could reduce access to abortions in the U.S. The American Civil Liberties Union of Texas said it would challenge the law in court.

USA TODAY - Supreme Court should respect Roe's viability line for abortion
-12.11% LESS objective
6.14% MORE positive

Rather than explicitly declare there is no longer a constitutional right to abortion, the court could simply eliminate the viability line. Mississippi claims that the viability line is arbitrary and outdated. Jan. 6:America deserves the facts about the Capitol attack, whether Republicans like it or notNone of the arguments offered by Mississippi justifies eviscerating the viability line. The viability line has not been unworkable, it is not an “anachronism discounted by society,” and eliminating it would create a “special hardship” on countless pregnant people. Once the viability line disappears, there will be no sustainable limit as to when states can ban abortions, and Roe will be as good as gone.

NEW YORK POST - Overturning Roe v. Wade could make the nation politically healthier
-11.71% LESS objective
7.2% MORE positive

It’s the first case in years that could result in the overturning of Roe v. Wade, the landmark 1973 ruling that, along with a companion case, Doe v. Bolton, legalized abortion on demand everywhere in the country. The outright overturning of Roe is just one possibility, and not necessarily the most likely. David French, my colleague at The Dispatch and a prominent lawyer and court watcher, argues that the most likely outcome is a narrower ruling that upholds Dobbs without fully overturning Roe. But I think overturning Roe or simply upholding Dobbs and setting a tighter standard would be good for the country politically and culturally. Abortion advocates, and even some abortion opponents, make it sound as if overturning Roe is synonymous with banning abortions outright.