Roberts comparing Roe to the abortion laws of China and North Korea is not an encouraging sign of how this is going for defenders of Roe, but we've all seen Roberts change his tune between argument and decision before.
Rikelman argues that the majority of countries in Europe allow abortion until viability. This is simply untrue. Nearly every European country that allows abortion at all limits it to the first 12 weeks of pregnancy, and a handful allow it until 15 weeks. They do not, as she suggests, allow abortion after that point for “broad social reasons.”
If you're wondering what liberal and progressive commentators are thinking, they are very worried about Kavanaugh framing his question to Stewart in a way that makes it a middle ground to leave abortion to the democratic process:
https://twitter.com/mjs_DC/status/1466072683544723463
12. Kavanaugh asks the most impt q at argument so far (because he is likely needed as a vote to uphold roe). He says the miss position isn’t “pro life” it is silent on the question of abortion and should be up to states and the people
— Neal Katyal (@neal_katyal) December 1, 2021
It’s as sympathetic a q to Mississippi as …
From a reader: “When Sotomayor said, 'There are spontaneous acts by brain dead people,' my immediate reaction was that they may include writing opinions.”
Rikelman essentially concedes in response to a question about why 15 weeks isn’t enough time for women to choose abortion that the problem isn’t actually giving women time to choose. What they really want is to ensure that every woman who ever wants an abortion is able to get one, no matter what, no matter when.
Chief: Why isn't 15 weeks enough time?
R: Some women won't be able to obtain abortion in that time.
In defending the viability standard, Rikelman is ignoring that the Court’s jurisprudence effectively allows unlimited abortion after viability by demanding an expansive “maternal health” exception to any regulation on post-viability abortion.
Chief: On impact on women, are you saying that difference between 15 weeks and viability is significant?
R: Yes.
Thomas to respondents' counsel Rikelman: How does case of criminal conviction of woman for ingesting cocaine post-viability relate to asserted autonomy interest? Can criminal child neglect apply to pre-viability actions?
R: States can regulate throughout pregnancy.
Thomas asks the first question, bringing up a case in which a woman was found guilty of criminal child neglect for ingesting cocaine while pregnant. Very interesting way to get at the disparity between abortion and how our law treats the unborn child in every context other than abortion. Rikelman is, unsurprisingly, completely unable to respond coherently.