Justice Samuel Alito said that abortion policy crafted by elected representatives in the states would be more responsive to what constituents want than federal protection of the right. He was wrong.
Arguments in a case that could fundamentally alter a woman’s right to abortion were heard at the Supreme Court. Justices’ questions suggest that Roe v. Wade is on shaky ground.
The upcoming debate at the Supreme Court is less about the existence of the right to abortion and more about how that right is limited by the emerging personhood of a fetus.