I was able to listen to most of the oral argument in Dobbs v. Jackson Women’s Health this morning. Upon reflection, I have the following comments—
Justice Thomas posed two important questions which I don’t believe were properly answered. First, where is a right to an abortion found in the Constitution? Second, could a women who uses illegal drugs before her baby is viable and thereby causes injury to the child be charged with child abuse?
Justice Sotomayor’s comparison of a child in utero with a brain dead person was bizarre. And ghastly.
It seems clear how Justices Thomas, Alito, Breyer, Kagan, and Sotomayor will vote.
Based on what I heard, I suspect the remaining four justices will vote with Thomas and Alito to put an end to Roe v. Wade, but I’m not sure.
I suppose we’ll see in late June.