Supreme Court Liberals Grandstand to Defend Roe v. Wade in Dobbs ArgumentsJoel B. Pollak 1 Dec 2021
The liberal justices on the Supreme Court made lengthy statements from the Bench on Wednesday during oral arguments in the case of Dobbs. v. Jackson Women’s Health Organization, a case that could see the 1973 Roe v. Wade ruling overturned.
The case involves a challenge by pro-choice groups to a Mississippi law passed in 2018 that bars abortions after 15 weeks of pregnancy, without exceptions for rape or incest, and before the current point of medical viability for an unborn child.
If the Court upheld the law, it would likely do so by overturning Roe, which discovered a hitherto unknown right to abortion in the Fourteenth Amendment to the U.S. Constitution. States would then be able to determine their own abortion rules.
Justice Sonia Sotomayor, Stephen Breyer, and Elena Kagan focused heavily on the question of stare decisis, the principle that past rulings of the Court ought to be upheld for their own sake, given the need for consistency and reliability in the law.
They also questioned whether other rulings based on rights not specifically enumerated in the Constitution — such as the right to same-sex marriage, or the right against transgender discrimination — would also be jeopardized by overturning Roe.
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