NRPLUS MEMBER ARTICLE I t was surprising to see Justices Breyer, Sotomayor, and Kagan lead off their questioning at the oral argument in the Dobbs case on Wednesday with an incredibly weak and pathetic argument.
Justice Breyer began by focusing on an argument made in 1992 by the Casey troika of Justices Souter, O’Connor, and Kennedy:
They say Roe is special. What’s special about it? They say it’s rare. They call it a watershed. Why? Because the country is divided? Because feelings run high? And yet the country, for better or for worse, decided to resolve their differences by this Court laying down a constitutional principle,