Will Roe v. Wade Be Overturned?
The Supreme Court agreed to hear a challenge to a Mississippi law banning most abortions after 15 weeks (with narrow exceptions for medical emergencies or severe fetal abnormality, but not for instances of rape or incest). The case could lead the Supreme Court to once again question its landmark decision in Roe v. Wade (and later cases like Planned Parenthood v. Casey) which held that there was a constitutional right to seek an abortion under the 14th Amendment and that the government could not place an undue burden on the right prior to the viability of the fetus, or the ability of an unborn child to survive outside the womb. Our guests unpack these questions and more, explaining the arguments on all sides as well as relevant legal termsincluding substantive due process, natural law, and stare decisis. Host Jeffrey Rosen was joined by Leah Litman, assistant professor at Michigan Law and co-host of the podcast Strict Scrutiny, and Teresa Stanton Collett, professor and director of the Prolife Center at University of St. Thomas School of Law.