Since the Supreme Court recognized a constitutional right to abortion almost 50 years ago, a powerful legal movement has sought to overturn the ruling, while abortion rights advocates have fought to protect it.
Focus only on the specific factual question of the Mississippi law—when does personhood emerge?—allowing individual states to determine that line for themselves.
I believe this last approach may be the likely result for several reasons. The Roberts Court tends to move incrementally rather than in bold strokes. The ruling on social fact alone upholds the Mississippi law but does not strike down the core right recognized in, which is the freedom of states to exercise their own judgment on questions the Constitution does not assign to the national government.
The Court will decide whether the justices will affirm a national standard for this disputed social fact, or whether individual states may decide their own definition, allowing diversity in the boundaries of personhood, and the regulation of abortion, throughout the country.
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