Abortion was never a settled issue in America, whatever SCOTUS rulings say

The Supreme Court.
(Image credit: Illustrated | Getty Images, iStock)

The early reviews of oral arguments in Dobbs v. Jackson Women's Health Organization before the Supreme Court on Wednesday were full of hopes and fears that Roe v. Wade (1973) is hanging by a thread. It remains to be seen whether this is actually true, but that precedent for legal abortion has long rested on a foundation of dubious history, constitutional reasoning and science.

In the almost half-century since Roe, we've watched the case for a permissive abortion policy gradually shift from the right to privacy (Roe) to an expansive view of personal autonomy (1992's Planned Parenthood v. Casey) to equality today. But these legal justifications have only a tangential relationship to the real-world arguments over abortion Americans are having.

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up
To continue reading this article...
Continue reading this article and get limited website access each month.
Get unlimited website access, exclusive newsletters plus much more.
Cancel or pause at any time.
Already a subscriber to The Week?
Not sure which email you used for your subscription? Contact us
W. James Antle III

W. James Antle III is the politics editor of the Washington Examiner, the former editor of The American Conservative, and author of Devouring Freedom: Can Big Government Ever Be Stopped?.