The Supreme Court Seems Poised to Overturn Roe v. Wade
The chief justice suggested a way to restrict abortion without going that far, but the swing voters didn’t engage his potential compromise.
Day in court.
Photographer: Olivier Douliery/AFP via Getty ImagesChief Justice John Roberts is searching for a compromise to preserve some basic right to abortion while moving it earlier in pregnancy, perhaps as early as 15 weeks. But based on today’s oral argument, it seems unlikely that any of the other justices is interested. Justice Brett Kavanaugh, in particular, seemed to telegraph a willingness to overturn Roe v. Wade altogether.
In today’s historic oral argument about the Mississippi ban, the court’s liberals predictably emphasized the value of following precedent and hence not overturning Roe. The hardline conservatives made it clear that they do not like the “undue burden” on abortion standard that the court articulated in Casey v. Planned Parenthood (thus Justice Neil Gorsuch) — and that the viability line doesn’t make much sense if the fetus has an interest in life (per Justice Samuel Alito).