Overturning Roe v. Wade could make the nation politically healthier

New York Post

05-21-2021

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.

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REAL CLEAR POLITICS - Dobbs v. Jackson: This is the Big One
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-6.72% LESS positive

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.

CBS NEWS - Supreme Court thrusts abortion into midterms fight with Mississippi case
1.26% MORE objective
-2.44% LESS positive

A ruling upholding the ban could give Republican-led states the green light to impose more restrictions on the procedure and weaken Roe v. Wade, the 1973 landmark Supreme Court decision that established a woman's right to an abortion. But for anti-abortion rights advocates, the action from the Supreme Court this week is the culmination of a years-long effort to shift the high court to the right with hopes a case that takes aim at Roe would end up before a conservative court. Cain, however, believes voters, and women in particular, will hold accountable elected officials who seek to restrict abortion rights. "Where they stand on taking away rights for women and taking away rights we already have will drive women to the polls." Kondik said abortion often comes up in campaigns, and suggested a ruling from the Supreme Court upholding Mississippi's 2018 law would "raise the stakes" on policy-making.

USA TODAY - Supreme Court should respect Roe's viability line for abortion
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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.