Will the Supreme Court overturn Roe? The legal expert offers an analysis
As abortion activists demonstrate at “Bans Off Our Bodies” protests in Washington, D.C. and cities across the country on Saturday, organized by Planned Parenthood and the Women’s March, many Americans want to know what will change if the judges cancel Roe vs. Wade.
Demonstrations in defense of deer come after Politico secures leaked majority draft opinion in Mississippi abortion case Dobbs vs. Jackson Women’s Health, which Judge Samuel Alito authored in February. The case involves a Mississippi law banning most abortions after 15 weeks of pregnancy, which opponents say contradicts the deer viability standard and must therefore be annulled.
In its article, Politico reported that the leaked opinion did not necessarily reflect the final decision of the High Court, as written opinions often undergo considerable editing before being published.
John Vile, an academic and professor at Middle Tennessee State University, who is dean of the University Honors College, is an expert on the US Constitution and the Supreme Court.
In an interview with The Christian Post, Vile explained that the fact that Alito is the author of the Dobbs the opinion possibly indicates a preference of Chief Justice John Roberts.
“General Supreme Court procedure for the Chief Justice or Senior Majority Justice to write or assign a decision, with the Chief often taking those in which it is believed his or her opinion might carry particular weight,” Vile said.
“I believe Thomas would be the majority individual with the longest tenure, but with recent questions regarding his wife’s views, Alito might be seen as less of a target.”
Vile noted that “Roberts is very concerned about the court as an institution” and felt it was possible “he could join a concurring opinion, making it a 6-3 decision to discourage those who hope for an immediate repeal”.
“I think Roberts and other judges will probably do their best – perhaps offering to give or withhold their votes – to get Alito to assure those who fear that this opinion could erode the right to contraception…or the right to same-sex marriage. “Vile added.
If Alito’s opinion “or his central substance” remains intact, Vile noted, “it is likely to result in greater disparities between access to abortion in predominantly red and predominantly red states. blue”.
“For those who consider abortion a fundamental right, it will seem intolerable; for supporters of federalism, this will be little different from other variations of state laws,” he added.
Yes deer is overturned, 21 states, including Texas and Ohio, would immediately ban abortion in most cases or restrict abortions to the first six weeks of pregnancy. This includes 13 states with so-called trigger laws or bans enacted after the deer decision has been published, which will take effect if reversed. Other states have pre-deer abortion bans on books that were never officially repealed.
Meanwhile, 16 states, including California and New York, have passed laws codifying the right to abortion, with some measures effectively allowing the procedure until birth. Ten states will continue to enforce existing abortion limits, while voters in three states may have the opportunity to select their preferred abortion policies in ballot initiatives later this year.
Herbie Newell is president of Lifeline Children’s Services, the largest evangelical Christian adoption agency in the United States. In an op-ed published by CP last week, he claimed that if people “want to end abortion, concluding the Supreme Court battle is just the beginning.”
“Christians will need to mobilize at the state level, at the church level and in their own lives to care for the vulnerable,” Newell wrote.
“Pray that you will follow his voice and what he leads you to do on behalf of the least of them. Vote for representatives who will do the work necessary to protect and sustain life, both mother and Organize to support those who have been called upon to participate in the legal element of the struggle for life.