Supreme Court Abortion Case: Dobbs Oral Argument: Highlights

As I summed up at the end of our live blog of Wednesday morning’s arguments in Dobbs v. Jackson Women’s Health Organization, I am, like Ed Whelan and our editorial, now guardedly optimistic about the prospects of the Supreme Court overturning Roe v. Wade. Justices Clarence Thomas and Samuel Alito have long been certain votes to overturn Roe. As a result, all that is needed to end Roe is for the three Donald Trump appointees (Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett) to vote with Thomas and Alito, or for two of them plus Chief Justice John Roberts to do so. I have long assumed that Roberts might be a sixth vote to overturn Roe but not a fifth vote. After the argument, none of the four gave any strong indication that they are wedded to keeping Roe, and Kavanaugh in particular — who has been the subject of the most worries by pro-lifers — appears to be particularly ready to end the Court’s misbegotten five-decade involvement in abortion law.

Here are the most interesting questions, answers, and exchanges from the Dobbs argument. Scott Stewart, the solicitor general of Mississippi, argued the case for the pro-life side, defending the Mississippi law; Julie Rikelman of the Center for Reproductive Rights argued for the abortion clinic, and Solicitor General Elizabeth Prelogar argued for the Biden administration.

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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As I summed up at the end of our live blog of Wednesday morning’s arguments in Dobbs v. Jackson Women’s Health Organization, I am, like Ed Whelan and our editorial, now guardedly optimistic about the prospects of the Supreme Court overturning Roe v. Wade. Justices Clarence Thomas and Samuel Alito have long been certain votes to overturn Roe. As a result, all that is needed to end Roe is for the three Donald Trump appointees (Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett) to vote with Thomas and Alito, or for two of them plus Chief Justice John Roberts to do so. I have long assumed that Roberts might be a sixth vote to overturn Roe but not a fifth vote. After the argument, none of the four gave any strong indication that they are wedded to keeping Roe, and Kavanaugh in particular — who has been the subject of the most worries by pro-lifers — appears to be particularly ready to end the Court’s misbegotten five-decade involvement in abortion law.

Here are the most interesting questions, answers, and exchanges from the Dobbs argument. Scott Stewart, the solicitor general of Mississippi, argued the case for the pro-life side, defending the Mississippi law; Julie Rikelman of the Center for Reproductive Rights argued for the abortion clinic, and Solicitor General Elizabeth Prelogar argued for the Biden administration.