This week, the Supreme Court heard arguments on a case that could have a dramatic impact on the future of our country. They will be ruling on a pro-life law out of Mississippi. Their decision could strike down Roe v. Wade, the court ruling that legalized abortion in the United States.
Many critics believe the key “swing” vote on the court will come from Brett Kavanaugh. Why? Because many assumed Chief Justice Roberts would side with the liberal wing of the party.
But something Roberts just said flipped the court on its ear. And the left just might have lost this fight. From The Western Journal:
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The Supreme Court held in both Roe and Planned Parenthood v. Casey (1992) that the viability of the unborn child outside the womb is a “critical fact” states can weigh in establishing abortion law…
During Wednesday’s oral arguments, Roberts noted that viability is a pretty low and arbitrary standard that the court had created in the Roe decision.
“When you get to the viability standard, we share that standard with the People’s Republic of China and North Korea,” he said.
While discussing this case that addresses the historic Roe v. Wade ruling, Roberts shook up the country when he addressed the “viability standard.” Roe and another case from 1992 determined that states can decide abortion laws, based on an unborn child’s “viability” outside the womb.
Many pro-choice advocates argued that because a child before a certain period cannot survive outside the womb, for some reason, that justifies aborting them. (You’d think that meant the child was more vulnerable and should be protected.) But it appeared Roberts took issue with this long-standing argument from the left.
He said that we share this “viability standard” with communist dictatorships like North Korea and China. In that context, it appears Roberts is criticizing this standard. Americans are far more “liberal” than most other countries in the world on this standard.
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He went on to say that the United States should not look to “international law to set our constitutional standards.” This suggests that Roberts is not convinced Roe should stand.
But does this mean he will ultimately vote against this 1970s ruling? Could Roberts end up siding with his conservative colleagues and overturning this ruling—and outlawing the practice at the federal level?
It’s too early to tell, but let’s just say that Democrats are getting very nervous right about now, especially since conservatives don’t need Roberts to overturn this historic case.