Are the Supreme Court and Biden ready to rumble over Roe?
By Jonathan Turley, opinion contributor — 05/18/21 10:45 AM EDT
Fifty years ago, the U.S. Supreme Court heard the first arguments in Roe v. Wade, a case that not only would transform constitutional law but political divisions in the United States. Since then, pro-life advocates have launched continuing challenges to try to dislodge the decision. Over the years, pro-choice groups at times exaggerated the risk of a serious threat to Roe and its progeny. Now, however, reality has caught up to the hyperbole. The court just accepted review in a Mississippi case that could deliver a crippling, or even lethal, blow to Roe.
But President Biden has a familiar back-up plan.
Dobbs vs. Jackson Women’s Health Organization would seem, on its face, to be an incremental — not existential — threat to Roe. The Mississippi legislature moved to ban abortions after 15 weeks, seven weeks earlier than past laws passing constitutional muster. However, Dobbs is the long-awaited “clean case” — one that has a straight, unimpeded shot at the key controlling abortion case of Planned Parenthood v. Casey, the case which effectively reframed Roe around the key criteria that the Constitution forbids bans on abortion before a fetus has achieved viability.
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https://thehill.com/opinion/judiciary/554065-are-the-supreme-court-and-biden-ready-to-rumble-over-roe
