The Supreme Court docket takes up its most essential abortion case in years on Wednesday, and the query will likely be how the Justices maneuver their means out of a thicket they need to by no means have entered 50 years in the past. Will the Court docket, in Dobbs v. Jackson Girls’s Well being Group, accept an incremental ruling that upholds a Mississippi ban on abortion after 15 weeks, or will it overturn its misguided precedents and return the regulation of abortion to legislatures within the states?
These columns have lengthy supported a coverage of authorized abortion earlier than viability, albeit uneasily as expertise has revealed the event of the fetus. However we’ve got had no hesitation in saying that Roe v. Wade (1973) and its progeny, notably Deliberate Parenthood v. Casey (1992), had been wrongly determined. Abortion is nowhere talked about within the Structure, and its regulation is a basic instance of police powers reserved for the states.