Jun 3, 2021
The Supreme Court’s announcement that it will consider an abortion case from Mississippi next fall touched off a predictable outpouring of frenzied criticism from pro-choice sources worried lest their cherished ‘right’ to abortion be in jeopardy. No small part of it was what might politely be called exaggeration or, not so politely, baloney.
As, for example, this nonsense from a Los Angeles Times editorial: “If the court lets states decide when a woman’s rights take a back seat to those of her fetus, that will all but obliterate Roe v. Wade.”
The obliteration of the Supreme Court’s decision legalizing abortion is unquestionably desirable, but Dobbs v. Jackson Women’s Health Organization isn’t going to do it. If the court upholds the Mississippi law at issue here, it will merely be affirming the right of states to adopt moderate restrictions on the practice. Some will (or already have), others won’t. The culture war will continue.
Even more fanciful was a claim by two law school professors to whom the Washington Post gave pride of place on its Op Ed page the day after the Supreme Court’s May 17 announcement. A ruling upholding the state law, they wrote, would mean the end of women’s “constitutional equality.”