Will the Supreme Court Overrule Roe and Casey?

In 1973, the Court invented a right to abortion that makes the U.S. an extreme outlier in the world. Now, it has a chance to undo that grievous wrong.

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Pro-life demonstrators outside the United States Supreme Court as the court hears arguments over a challenge to a Texas law that bans abortion after six weeks in Washington, D.C., November 1, 2021.

Evelyn Hockstein/Reuters

Out of nearly 200 nations in the world, just seven allow elective abortions after the 20th week of pregnancy. The United States is one of them, as are the brutal communist regimes of North Korea, Vietnam, and China.

One big reason why American abortion law is so extreme is the Supreme Court. In Roe v. Wade and the Casey decision that upheld Roe, the Court ruled that the U.S. Constitution prohibits state laws from protecting the life of an unborn baby at least until “viability” — that is, when the baby can survive outside the womb with or without artificial aid. (The ruling in Roe’s companion case, Doe v. Bolton, decreed that abortion must be legal after viability and until birth for a wide array of “health” reasons, including emotional health.)

John McCormack

About the Author

John McCormack

John McCormack is a former Washington correspondent for National Review and was a fellow at the National Review Institute.

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