Will the Justices Let Go of Abortion? - WSJ Opinion

Overturning Roe would mean returning a furiously contested national issue of almost 50 years standing to the democratic process. This wouldn’t “solve” the problem or “end” the struggle. It would bring the responsibility for solving and ending it closer to the people.

This is the core issue. Instead of an immovable policy at the pleasure of nine justices, the decision returns to the States where the voters can decide for themselves.

It won’t be settled for a few years. But then it will settle. This path—overturning—is the closest America will get to justice and democratic satisfaction on this issue.

The Court is only political when it removes legitimate power from the electorate and reserves it for itself.

they will be under pressure to hold to precedent, based on the understandable argument that it is a very big thing to overturn such a momentous decision—especially in a divided country, especially in a time of wavering faith in institutions and especially with a case as famous as Roe. They will be tempted to choose narrower and less dramatic path.

Thank goodness justices of the past had the courage to walk away from similarly terrible precedents that enabled slavery and segregation.