Republicans Hope Their Assault on Democracy Will Stop a Post-<em>Roe</em> Backlash
Women’s constitutional right to decide whether to bear children appears to be hanging by a thread. At yesterday’s oral argument in the case of Dobbs v. Jackson Women’s Health Organization, the Supreme Court’s Republican-appointed justices displayed an eagerness to overturn Roe v. Wade, the legal precedent that prevents states from banning abortion. This is no surprise—the conservative legal movement fought a decades-long political battle to achieve just this objective. The case, which will decide the constitutionality of Mississippi’s ban on abortions after 15 weeks of pregnancy, offers a clear opportunity to do so.
I should caution that the back-and-forth of arguments before the Court can be deceiving. The Obama administration’s difficulty arguing—that didn’t happen. An oral argument can be a preview of how the justices will rule, but it is not always, and so the decision in this case remains unknown until it is handed down. That said, conservative activists had not spent decades attempting to strike down Obamacare. Ending legal abortion in America, though, has long been the main goal of the conservative legal movement.
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