Illinois Law dean Vikram David Amar describes a few (albeit unlikely) ways in which the Supreme Court could more moderately rule in Dobbs v. Jackson Women’s Health Org., rather than outright striking down Roe v. Wade and Planned Parenthood v. Casey (which a majority seems poised to do), or upholding them (which three Justices almost certainly support). Dean Amar explains the doctrine of “political reliance” and how it could lead the Court either to “return” the abortion question to the states to legislate (rather than having unenforced pre-Roe statutes to spring back to life), or to “sunset” the abortion right, giving the public time to account for the change in law.

Read the full post at verdict.justia.com.