Monday, April 29, 2024

On abortion, the Supreme Court shows it doesn’t care about democracy after all

Andrew Koppelman

In Dobbs v. Jackson Women’s Health, the Supreme Court famously declared that it was returning the abortion question to the voters.  The people could decide whether or not abortion was to be prohibited.  So, when a federal statute required that hospital emergency rooms offer abortions to women who face imminent medical disaster if they continue their pregnancy, the Justices who voted to overrule Roe v. Wade unhesitatingly enforced that statute’s plain language, relieved that the elected representatives of the people had taken this fraught issue off their hands.

Oh wait.  That’s not what happened.  The Court is so hostile to abortions that, to prevent them, it will defy the national legislature and harm women.

I explain a new column at The Hill.

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