Ambiguity With the Dobbs Supreme Court Abortion Case

Source: Independent Institute
by Randall G Holcombe

“The well-publicized leaked draft of the Supreme Court’s majority opinion on Dobbs v. Jackson Women’s Health Organization, if it represents the Court’s final decision, would allow the State of Mississippi to retain the prohibition on abortion beyond 15 weeks into a pregnancy that was passed by the Mississippi legislature. That much is clear. But there is some ambiguity on the degree to which abortion would be permitted, more generally. In several places in the draft ruling, the Court seems to say that this is an issue that should be left to the states. … But the draft ruling also says, ‘We therefore hold that the Constitution does not confer a right to abortion (p. 65).’ This seems to leave open the possibility that should a state broaden access to abortion, the Court could rule that women do not have that right.” (05/06/22)