Remarkl
Sep 3, 2022

The rhetoric surrounding Roe was that abortion was a matter that should be left to the states, rather than enshrined as a constitutional right

I'm not sure that's precisely right. I think the lesson of Dobbs is that abortion should be left to politics, e.g., codifying Roe by Federal Statute under the Fourteenth Amendment would be consistent with the decision. Thus, the Court wrote:

Roe and Casey must be overruled, and the

authority to regulate abortion must be returned to the people and their elected representatives.

The distinction is important because senate races may be decided on the issue. If the Dems can get 52 senators, which is a distinct possibility thanks to "candidate quality" problems identified by the Republican Senate leader, they can fix the filibuster and then fix the abortion problem.

Remarkl
Remarkl

Written by Remarkl

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