Linda Greenhouse: Justices voting to overturn Roe had no legal or historical reasoning in their ruling.
That assertion invites pushback, I’m well aware. But step back from today’s artificial arguments about originalism and history, and consider the powerful social movement that led consecutive Republican presidents to appoint anti-abortion justices and that then drove the abortion issue through the Supreme Court’s open door.
No one really buys the argument that what was “egregiously wrong” with Roe v. Wade, to quote the Dobbs majority, was the court’s failure to check the right analytic boxes. It was not constitutional analysis but religious doctrine that drove the opposition to Roe. And it was the court’s unacknowledged embrace of religious doctrine that has turned American women into desperate refugees fleeing their home states in pursuit of reproductive health care that less than a month ago was theirs by right.
Not only did that prospect make no difference to the Dobbs majority — the official opinion was essentially unchanged from the leaked draft except for added sections that responded to, and distorted, the dissenting opinions — but Justice Alito actually had the gall to write that “we do not pretend to know how our political system or society will respond to today’s decision.
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