Hi Ladies!

I’m a lawyer and wanted to chime in on the abortion rights buzz. I am not a Constitutional lawyer and I’m not giving legal advice here, just my perspective.

I don’t think it’s time to panic. First of all, the Supreme Court is deciding the legality of the Mississippi law specifically. The wrinkle is the lawyers have, rightfully, intermeshed the issues. If the Mississippi law is illegal then it must be because it violates Roe, meaning Roe is a valid holding. If the Mississippi law is legal then The question becomes, how does that work? It would violate Roe but maybe not other precedent. The Court shouldn’t uphold a law that violates their prior holding unless they find some logic to support both conclusions. That is why Roe is on the table here and why people fear its day is coming. It would be very hard to uphold the Mississippi law, as the Conservatives want to, without also nullifying Roe.

What I think is also important to consider is this:

Supreme Court Justices don’t think, reason, and act the same way Conservative politicians do. That’s why they do unpredictable things sometimes. While they probably want to toss Roe, they also don’t want legal backlash. The reasoning it would take to overturn Roe could apply in other situations disfavored to a Conservative. If long standing precedent on abortion rights can be revisited- so too can the tangents of 2A rights, marriage, voter ID laws, etc. Whatever they decide they’re going to be careful because they will not want their own words and logic thrown in their faces in a subsequent case.

If Roe is nullified, each state will make their own rules, which is where we were pre-Roe. History will repeat itself. Someone will bring the case again when the court has a liberal majority. That may or may not be in our lifetimes. But it will forever stain the legacy of the Justices who voted as they did. Overruling prior precedent is a huge deal, its not just Roe, its a litany of subsequent cases that would be affected. Again, I think the opportunity for that to return to the court is significant. And the Conservatives don’t want that.

That said, my prediction is they either 1) strike the Mississippi law or 2) uphold it with a narrow and watered down version of Roe that gives all practical power to the states. I don’t think the Justices really wanted to take on this case because of all the minefields I described above but had to.

SO- don’t panic, just have a plan. As other posters have said, maybe that’s celibacy or moving to a state with broader rights. Right now, no one knows if Roe is done. Even if that’s ultimately the case, abortions will not automatically become illegal, it will just be state by state. Become familiar with your state’s laws and those around you. Support and educate women and girls who don’t know their options. Most importantly- Stay strong and unbothered! We’re smarter than the people trying to outsmart us.