From WSJopinion: Mississippi Solicitor General Scott G. Stewart’s recent filing of the abortion case Dobbs v. Jackson Women’s Health Organization is the most significant challenge to Roe v. Wade in recent decades, writes David J. Garrow
RoeA Stanford Law School graduate who clerked for Justice Clarence Thomas, Mr. Stewart is most immediately targeting the court’s 48-year reliance on fetal viability as the decisive point prior to which state efforts to prohibit abortions are voided. Mr.
But viability and the undue-burden standard are only Mr. Stewart’s intermediate targets. The true crux of his brief, aimed squarely at Chief Justice John Roberts, is that it is in the court’s institutional self-interest to jettison. Some observers, including this writer, have long believed that the justices’ pre-eminent attachment to the court’s own institutional legitimacy and reputation makes reversal ofvirtually unimaginable. But Mr.
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