The big deal in Washington on Wednesday, in addition to Covid, was the Supreme Court argument in Dobbs v. Jackson Women’s Health Organization, the case involving the Mississippi law generally prohibiting abortion after fifteen weeks. Among others things, the question in the case is whether Roe v. Wade (1973), along with Planned Parenthood v. Casey (1992), should be overturned.
I had several thoughts. I’m going to just list them, maybe not in the right order, but as I think of them.
1. First, I think Roe v. Wade is a poor decision from a legal reasoning point of view. The Court created the three-trimester test out of thin air. It didn’t really justify it; it just stated it. Without commenting on whether abortion ought to be legal, Roe v. Wade is just poorly done.
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