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Clive Crook

The Supreme Court Agrees on the Need to Divide the Country

Chief Justice John Roberts suggested a plausible middle way on Roe v. Wade, but no one seems to care.

Now in the minority.

Now in the minority.

Photographer:  Erin Schaff/The New York Times/Bloomberg

It tells you a lot about the US Supreme Court, and the state of the country, that only one of its nine justices appears to have given the possibility of compromise on abortion more than a moment’s thought.

Chief Justice John Roberts voted with the majority in Friday’s decision to allow Mississippi’s law prohibiting abortions after 15 weeks, setting aside the fetal viability standard of Roe v. Wade. But he explained in his concurrence that this could and should have been done without scrapping Roe completely, which the court chose to do.