Magazine November 29, 2021, Issue

Roe Undermines the Supreme Court’s Legitimacy

(Roman Genn)
The justices’ duty is clear

In Dobbs v. Jackson Women’s Health Organization, the state of Mississippi has directly confronted the Supreme Court with an argument that, believe it or not, no state has pressed since Pennsylvania did so 29 years ago in Planned Parenthood v. Casey — that Roe v. Wade was a grievous constitutional error and should be overturned.

Casey was a close-run thing, a 5–4 decision that both preserved a virtually unlimited “right” to abortion and exposed how nakedly political and lawless was the “jurisprudence” that shielded the abortion license from democratic accountability.

The Dobbs case, then, is a long-awaited opportunity for the Court to

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This article appears as “The Legitimacy Fallacy” in the November 29, 2021, print edition of National Review.

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In This Issue


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


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.


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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