According to some news reports, the next justice is going to overturn Roe v. Wade on the first day of the job.
It does not work that way. Justices can write opinions on only the cases in front of them.
Overturning Roe v. Wade will not end abortion in the U.S. Instead, overturning the opinion will send it back to state legislatures.
My guess is that some states will write laws creating a right to an abortion, and others will not. Most will pass abortion laws with certain restrictions, as they do in most countries.
The two biggest consequences of overturning Roe v. Wade will be political:
1. The issue will be debated openly in the political arena, from state legislatures to campaigns for office. For example, Hispanic Democrats in Texas will be forced to explain to Hispanic women why they support abortion after 20 weeks.
2. Modern technology has changed the debate by providing incredible details about the baby in the womb.
Nevertheless, the biggest benefit of overturning Roe v. Wade is that judicial confirmations will no longer be endless questions about abortion. We will get back to a time when judicial nominations were about judicial temperament rather than wedge issues like abortion.
Let's face it. Roe v. Wade has done more to poison our political waters than anything else in the last 45 years.
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