BizJournals Portfolio
Apr 18 2007 12:00am EDT

Roe holds

This morning's Supreme Court decision is a setback for abortion-rights advocates. But it's hard to see how the 5-4 ruling is really a major blow to Roe v. Wade or those who fought to . I got a flurry of emails from groups on both sides today proclaiming it as a great victory. But I think the Roberts court is still a long, long way from dismantling abortion rights as we know them and I doubt it ever will. First, even the majority opinion upholding the Congressional law banning the procedure by Justice Anthony Kennedy invited another case to overturn this one limit on abortion. Second, the basic framework of Roe seems pretty well intact; the Kennedy opinion said that it was in keeping with earlier decisions that affirmed Roe. Thomas and Scalia were forced to offer a concurrence that said that Roe had no constitutional foundation and notably neither Roberts nor Kennedy nor Alito went along with that. Third, Justice Roberts has said that he wants to try and put together some unanimous opinions on the court or at least bigger majorities. Fat chance. If they're split 5-4 on this, there's just no appetite for reversing 34 years of Roe and what has become one of the most common medical procedures in the country.


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