On the recordNovember 30, 2021
Mr. President, tomorrow the Supreme Court will hear oral arguments in the Dobbs case, which deals with a Mississippi law that would prohibit most abortions after 15 weeks of pregnancy. This case offers the best opportunity in many years to see Roe v. Wade overturned or modified--something that is long overdue. Roe v. Wade was a bad decision that should long ago have been reversed. Legal scholars from across the ideological spectrum have criticized the decision, noting, in the words of one expert: As constitutional argument, Roe is barely coherent. The court pulled its fundamental right to choose more or less from the constitutional ether. As another legal scholar put it, Roe is ``a very bad decision . . . because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be.'' Now, I should note that both of the individuals I just quoted are actually supportive--supportive--of abortion. But like many others, both recognize that Roe is simply bad law. In the Roe decision, the Supreme Court reached far beyond the Constitution in the Court's interpretive role to impose a new abortion regime on the entire country, and it is past time for this unconstitutional decision to be overturned and for the Court to return jurisdiction over abortion to the States.…





