Rob Natelson on the Roe v Wade Case before the Supreme Court
Last week, the U.S. Supreme Court heard oral arguments for and against the Dobbs vs the Jackson Women’s Health Organization after the state of Mississippi had passed a law banning abortion after the 15th week of pregnancy.
Former University of Montana Law Professor and current Constitutional Fellow at the Independence Institute, Rob Natelson, was on the KGVO Talk Back show on Monday and answered questions on the issue, first addressing the Roe v Wade decision itself.
“Roe versus Wade is one of the flimsiest decisions as a matter of constitutional law that has ever been decided by the court,” said Natelson. “It's widely recognized as such not just by pro life scholars, but by pro choice scholars, as well. It is based upon erroneous history and a very expansive reading of a clause well beyond its original meaning. And so as I said its flimsy, but still you've got three justices on the court, almost certainly who are going to vote to retain it.”
Natelson called into question the additions placed on the Roe v Wade decision.
“In 1992, the court muddied Roe versus Wade further by applying something called the ‘undue burden standard’,” he said. “It said that abortion can be regulated so long as an undue burden is not put upon a woman's right to abortion. So one hypothesis is that the court could adopt an undue burden standard and say, ‘Well, women have a right to abortion, but by 15 weeks, they should know whether they're pregnant, and so it's reasonable for Mississippi to put in the 15 week, cut off’.”
Natelson cast forward on the possible repercussions of what may happen if Roe v Wade was overturned by the Supreme Court.
“If the opponents of Roe versus Wade win this, it's not like abortion suddenly becomes illegal nationwide,” he said “The battle isn't between abortion being legal nationwide and illegal nationwide. The battle is between abortion being legal nationwide or allowing the states through their state legislatures to regulate it.”
Natelson offered his opinion on how the Montana Supreme Court might decide if Roe v Wade was overturned.
“Given the current Montana Supreme Court, it's certainly very possible that the Montana Supreme Court could say that abortion is protected under the Montana right to privacy.” He said. “One way or another, I think that the current liberal Montana Supreme Court would probably keep abortion legal in Montana.”
Click the link to hear the entire conversation on Talk Back with Rob Natelson.
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