Will the Supreme Court Overturn Roe v. Wade After All?

This piece was originally published in The New York Times.

When the Supreme Court declined on Monday to hear cases brought by Louisiana and Kansas attempting to exclude Planned Parenthood and other abortion providers from their Medicaid programs, legal soothsayers were out in full force opining about what it means for the future of abortion rights under the newly constituted court.

The decision drew a dissent from three conservative justices, Clarence Thomas, Neil Gorsuch and Samuel Alito, who suggested that the court was ducking the cases because they involved Planned Parenthood and touched on abortion. But, intriguingly, the court’s two other conservatives, Chief Justice John Roberts Jr. and the court’s latest member, Brett Kavanaugh, sided with the court’s liberals in rejecting the case.

What are we to make of it?

It’s not easy to read the tea leaves here because the cases didn’t pose a direct challenge to the constitutionality of abortion restrictions. Instead, they centered on whether those states could exclude Planned Parenthood from providing contraception and other health services in the Medicaid program. Those states object to Planned Parenthood providing access to abortion outside Medicaid, which does not cover the procedure. Had the court accepted the states’ arguments, tens of thousands of indigent women could have lost the health care they receive from the group.

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Ms. Gloria Anasyrma

This is appalling. Overturning Roe V. Wade just cannot happen. No way should women have to go back to the days when they were illegally using egg beaters for abortions.

Anonymous

I'm not sure why it's better to have abortions of potential American born children? . . . No we need those children who each will take on $55,000 worth of socialized debt service upon birth. If not them, who is going to pay off the national debt? Be Best, be brave . . . make them be born.

Anonymous

Relax. Roe v. Wade will likely never be overturned and even if it did, so what - there are plenty of liberal controlled states such as CA and NY where you'll have access to your precious baby killers.

Anonymous

*for killing babies

Anonymous

The fact that a country that was founded with a slogan of “One Nation Under God” ever allowed the murder of babies, is appalling . As a woman why would you want to kill your child and not protect it? That is something I will never understand. Religious views aside a fetus is a child and has purpose, it doesn’t matter that the mother doesn’t want the burden of a child. There are PLENTY of preventative measures that can be taken before something as drastic as abortion. That child has a right to live, point blank. If roe vs. wade is over turned it would a step in the right direction for this country. God Bless America.

Anonymous

it wasn't founded with the slogan "one nation under god" it was added in the 50's.

AnonymousToo

The nation was not founded based on “god.” That was added during the ‘50s “red scare” period. The national motto was, ans IS “e plurbius unum” (one of many).

Interesting that you only talk about women. No mention of the males who create hose fetuses taking responsibility.

How about you take care of you and let other people make their own choices? Other peoples’ medical choices are not your, the government’s, or society’s business...”point blank.”

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