Pro-Life Movement: State Courts New Battleground

In Dobbs v. Jackson Women’s Health, the Supreme Court divested itself of an enormous power. The decision overturned the Court’s abortion precedents of Roe v. Wade and Planned Parenthood v. Casey. In doing so, it got the Court out of its longstanding project of overseeing abortion regulation across the country.

Justice Samuel Alito wrote in his opinion to whom this power now should go. “The authority to regulate abortion must be returned to the people and their elected representatives,” he said. The political branches, elected and installed by voters, would take over the task of legislating on this important and controversial matter. In particular, the people and political branches of the states would take the lead. This shift in authority rang true in the immediate aftermath of the landmark Dobbs ruling. Abortion restrictions passed in various state legislatures went into effect, including laws for which federal judges lifted existing stays. Missouri was the first to implement its ban, with states such as Arkansas and Kentucky following closely behind.

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Adam M. Carrington

Adam M. Carrington is an associate professor of politics at Hillsdale College.

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In Dobbs v. Jackson Women’s Health, the Supreme Court divested itself of an enormous power. The decision overturned the Court’s abortion precedents of Roe v. Wade and Planned Parenthood v. Casey. In doing so, it got the Court out of its longstanding project of overseeing abortion regulation across the country.

Justice Samuel Alito wrote in his opinion to whom this power now should go. “The authority to regulate abortion must be returned to the people and their elected representatives,” he said. The political branches, elected and installed by voters, would take over the task of legislating on this important and controversial matter. In particular, the people and political branches of the states would take the lead. This shift in authority rang true in the immediate aftermath of the landmark Dobbs ruling. Abortion restrictions passed in various state legislatures went into effect, including laws for which federal judges lifted existing stays. Missouri was the first to implement its ban, with states such as Arkansas and Kentucky following closely behind.