Don’t Expect to See Roe v. Wade Overturned Anytime Soon
It seems unlikely that anti-abortion advocates will be able to go beyond abortion-restricting legislation at the state level
So far this year, eight states have passed extreme restrictions on abortion that contradict federal law. These bills aren’t just designed to limit abortion access in their respective states; they’re meant to serve as a launching point for the Supreme Court to overturn Roe v. Wade altogether.
While that might cause abortion-rights advocates distress, there are reasons to believe that not only will the Supreme Court reaffirm Roe, but despite the conservative balance on the Court, it’s unlikely to agree to hear challenges to the case in the first place.
The United States legislative system uses a common law tradition, meaning a court’s interpretation of a law acts as policy change itself. In passing restrictive abortion laws, anti-abortion advocates are thus counting on abortion-rights groups to challenge the legislation in the Supreme Court, potentially setting up a pathway to overturn the abortion protections provided by Roe.
The tactics that worked for the civil rights movement are not likely to work for anti-abortion…
