Defenders of the Supreme Court’s decision overturning Roe v. Wade insist that Dobbs v. Jackson Women’s Health does not outlaw abortion but simply returns the decision about reproductive rights to the states. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” Justice Samuel Alito wrote. He quoted the late Justice Antonin Scalia, who wrote: “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” This, Alito wrote, “is what the Constitution and the rule of law demand.”
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