During a 2006 debate with the President of the ACLU, Justice Antonin Scalia argued that unelected judges on the Supreme Court have no business deciding cases based on public morality or public policy—those decisions, he said, should be left to lawmakers or the public. As for "pro-abortion judges," Scalia warned: "Someday, you're going to get a very conservative Supreme Court and regret that approach." Once again Justice Scalia has been proven prescient.

If the Supreme Court's decision in Dobbs v. Mississippi had expressed agreement with Justice Rehnquist's 1,500 word dissent in Roe v. Wade, or simply put us back to pre-Roe days, the laws relating to a woman's "right to choose" would have been manageable; however, the Dobbs decision written by Justice Alito not only overrules Roe and the consequent Planned Parenthood v. Casey, it does so in a 98-page "in your face" denigration of physicians whom he calls "abortionists" and those health care professionals who claim a paramount interest in a woman's health. Dobbs also establishes the basis for overruling important decisions which protect some rights we all have come to consider as fundamental to our notion of liberty and freedom.

In Dobbs, the Supreme Court holds that Roe was "egregiously wrong" and that the right sought to be protected (abortion) is not in the text of the Constitution nor "rooted in the Nation's History and Tradition." But Justice Alito's "history" pays little attention to the fact that early stage abortions, those performed before the "quickening" of the fetus, were condoned and routinely practiced by midwives and others using herbs and other abortifacients as far back as the time of Hippocrates. In fact, during the 18th century, Benjamin Franklin edited a book which listed with approvals best-known herbal abortifacients of the 18th century, herbs which would have been given to women to end an early pregnancy. But whether a woman's right to abortion is "deeply rooted in history" or simply an innovation created by Roe, does not really matter to the Dobbs court which ultimately decided that to have an abortion—whether in late term or at the moment of conception—is not a part of a woman's privacy or liberty rights