What Dobbs actually says

Many smart people are misinformed on what the majority opinion in the Dobbs case held.  The Supreme Court did not criminalize abortion.  It said nothing about whether the procedure should be legal or not.  It merely said that the Court as an institution never should have involved itself in the issue.  As such, it returned the issue to the political arena, where it belongs, for the people, through their elected representatives in the statehouses (and perhaps Congress) to decide. 

Second, contrary to some commentators on the left, the Supreme Court did not "go rogue."  For years, many liberal commentators, including Ruth Bader Ginsburg herself prior to joining the court, agreed that Roe was bad law.  Alito's well crafted decision made that clear.

Third, here's a fun fact.  For the first two years of Obama's first term, Democrats had a supermajority — filibuster-proof control over Congress.  Yet, despite the known threat to Roe at that time, they did not even attempt to pass a law granting a nationwide right to abortion.  I suspect that this is because Democrats would rather have the threat to abortion access a live issue to use for fundraising purposes and to rile up their base.

Fourth, liberals have ceased to lionize Ruth Bader Ginsburg.  She was old during Obama's term and had several well publicized health scares.  Perhaps her decision to not resign and allow Barack Obama the opportunity to replace her with another liberal justice should be viewed as selfish.  Instead, following her death, and days before the 2020 election, President Trump replaced her with Amy Coney Barrett, who was part of the Dobbs majority.

We may have witnessed the most consequential two days in Supreme Court history.  In addition to striking down Roe and Casey, the Court also greatly expanded gun rights and limited the ability to enforce Miranda rights.  No matter what one may think about Donald Trump, his presidency is proving to be perhaps the most highly consequential of any president who served a single four-year term.

Josh Kantrow is a cyber-security attorney based in Chicago.

Image: Max Pixel.

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