Why the Supreme Court Should Return Abortion to the States

Signs outside the Supreme Court in Washington, D.C., December 1, 2021. (Yasin Ozturk/Anadolu Agency via Getty Images)
It won’t satisfy everyone, but it would be more democratic and sensible than looking to nine justices to dictate a policy from on high.

NRPLUS MEMBER ARTICLE A t times, you might have been forgiven for thinking that oral arguments over the Dobbs case were being held before the Health and Human Services Committee of the Pennsylvania state senate, or some other legislative body.

Dobbs v. Jackson Women’s Health Organization, involving Mississippi’s ban on abortion after 15 weeks, is, of course, the most consequential abortion case to reach the Supreme Court in decades. The arguments, as you would expect, featured plenty of intricate legal discussion.

They also delved at length into questions of policy-making that aren’t rightly in the ambit of the Supreme Court — and that the Court never

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