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