Based upon the statements made and questions asked by Supreme Court justices, during oral argument of the Mississippi abortion case, the handwriting is on the wall; the court likely will overrule Roe v. Wade or, at a minimum, uphold the right of states to grossly narrow the period after pregnancy during which abortions will be permitted.
The position seemingly espoused by Justice Brett Kavanaugh, that because the issue is so significant and controversial, the court should be "scrupulously neutral" and leave the decision to the states, is morally outrageous and legally indefensible. That same illogical reasoning could have been advanced when Brown v. Board of Education was argued, leaving the choice of segregation to each state legislature.
The primary function of the Supreme Court is to protect individual liberty against incursions by politically motivated or narrow-minded state legislators. When an important constitutional right is endangered the justices are not expected to punt.
The silver lining of this likely outcome, horrendous as it may be, is a backlash at the polls, driven by women and those respecting the rule of law, sweeping Republicans from office.
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