Magazine November 29, 2021, Issue

John Roberts v. Roe

Supreme Court Chief Justice John Roberts arrives for the swearing in ceremony of Judge Neil Gorsuch in the Rose Garden of the White House in Washington, D.C., April 10, 2017. (Joshua Roberts/Reuters)
The chief justice should follow his own stated reasoning

When the Supreme Court turns to the case of Dobbs v. Jackson Women’s Health Organization this fall, I believe that six justices will vote to overrule the combined doctrines of 1973’s Roe v. Wade — the original and sweeping intervention by the Supreme Court in the organic development of state statutory systems regulating abortion — and its 1992 “do-over” in Planned Parenthood v. Casey.

The entire cobbled-together façade of jerry-rigged, ad hoc, and incoherent abortion case law will be swept away, and the half century of strained readings and outright judicial inventions overruled. The repeated attempt by the Supreme Court to

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This article appears as “Roberts v. Roe” in the November 29, 2021, print edition of National Review.

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Hugh Hewitt — Mr. Hewitt has taught constitutional law since 1996 at the Fowler School of Law at Chapman University. He hosts a nationally syndicated radio show.

In This Issue

Introduction

Politics & Policy

End Roe

In this special issue, we examine the legal arguments, the policy arguments, and the social arguments for finally ending the Roe era in America.

The Law

The Policy

The Social Impact

Books, Arts & Manners

Books

Weird English

A review of Highly Irregular: Why Tough, Through, and Dough Don’t Rhyme — and Other Oddities of the English Language, by Arika Okrent.

Sections

The Week

The Week

Glenn Youngkin unlocked the secret to electoral success in a Virginia that hadn’t elected a Republican statewide in twelve years.

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