Demonstrations outside the U.S. Supreme Court on the day of arguments in the case Dobbs v. Jackson Women's Health Organization, No. 19- 1392, challenging a Mississippi law enacted in 2018 that bans abortions after 15 weeks of pregnancy, on Wednesday, December 1, 2021. Photo: Diego M. Radzinschi/ALM Dobbs' Dilemma
Why Justice Brett Kavanaugh's Ideal of "Scrupulous Neutrality" in Dobbs is a Pipe Dream
March 31, 2022 at 03:30 AM
8 minute read
Expert Columns
Most legal commentators believe the battle over abortion is about to shift decisively from the Supreme Court to state legislatures. The idea is that Roe v. Wade's demise is a foregone conclusion, and the court's funeral oration for Roe in Dobbs v. Jackson Women's Health will be the end of the road for the court's involvement in abortion rights. Recent legislative developments are spotlighting a different prospect: that conservative religious pro-life state lawmakers won't so easily let the court leave the field. Extreme pro-life legislation that threatens pregnant women's lives and health, the sexual choices of all Americans, and the boundaries between church and state may force a continuing role on the court. Dobbs will crucially preview the court's attitudes toward those threats.
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