The Fourth-Best Reason to Overturn Roe

Sign at the March for Life rally in Washington, D.C., in 2011. (Jason Reed/Reuters)
The ‘workability’ argument enjoys its 15 minutes of fame.

NRPLUS MEMBER ARTICLE T wo hundred–plus members of Congress, all but two of them Republicans, have signed a brief to the Supreme Court regarding June Medical Services v. Gee. The case involves a Louisiana law requiring abortion doctors to have admitting privileges at a nearby hospital, a policy similar to a Texas one the Court struck down in 2016. The Court might address the situation with a scalpel, or it might take the opportunity to reconsider its abortion jurisprudence more broadly.

A lot of the brief consists of the boring legal argumentation you’d probably expect. It encourages the Court to find that the plaintiffs lack

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