15 December, 2023

Behind the Scenes at the Dismantling of Roe v. Wade

https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion.html

But as a professor in 2013, she had written a law review article laying out the kind of dilemma she faced in spring 2021. “If the court’s opinions change with its membership, public confidence in the court as an institution might decline,” she noted. “Its members might be seen as partisan rather than impartial and case law as fueled by power rather than reason.”

That July, with its audience before the court secure, Mississippi made the case more monumental, abruptly changing its strategy. “Roe and Casey are egregiously wrong,” the state’s main brief declared on its first page. It urged the justices to be bold. “The question becomes whether this court should overrule those decisions. It should.”