Not my favorite topic. The abortion case is highly divisive, entwining legal, religious and political viewpoints. I’ll leave most of the commentary up to the pundits on internet, social media and cable news. who seem able and willing to comment on any topic in a minute. I trust more the printed media, in particular the New York Times and Washington Post. Yes, I am a news snob. I include only two links, one from Wikipedia, and a second from Scotusblog.com . The Supreme Court typically issues their most controversial opinions late in June or July, shortly before adjourning for the summer.

The case before the Supreme Court is Dobbs v. Jackson Women’s Health Organization and at issue is law recently passed in Mississippi which permits abortion up to the first 15 weeks. This is a violation of Roe v. Wade which permits states to outlaw abortions only at the end of the second trimester, approximately 24 weeks.

Roe v. Wade was decided in 1973, with Justice Harry Blackmun, a Republican nominated by Nixon, writing the majority opinion. Prior to this cases, it was hard time getting a case heard in the Supreme Court because by the time because there was no “live” case, as the woman whose rights had been denied, would have already given birth. The Court in 1973 opined that the case could go forward without the requirement of a “live” case.

I have included links on the history of the Roe v. Wade and the oral arguments summary by Amy Howe (Scotusblog). I believe both links provide a neutral stance on the issues.

The liberals on the court, would like to consider Roe v. Wade as settled law, which establishes a precedent for all future cases. It was decided on the Ninth and Fourteenth Amendments to the Constitution.

The conservatives likely consider Roe v. Wade improperly decided on a weak or nonexistent constitutional basis, and so they are merely correcting prior errors of the court. For practical purposes, if Roe v. Wade is overturned, abortion rights will return to the states to decide. What is legal in one state, could result in a felony charges (manslaughter) in another.

Stay tuned,

Dave

Links:

Wikipedia: Roe v Wade

Scotus Blog on summary of oral arguments in Dobbs