Given the United States' role as trendsetters globally, the US Supreme Court's decision in #Dobbs will resonate in a particular way in Western Europe, which tends to follow the States in sociocultural matters by a decade or so.
To be clear, Dobbs does not return the US to the status quo ante of 1973.
It dodges the avoids the crucial question of the personhood of the unborn child.
Critically, it refuses to rule on whether the unborn child enjoys 14A protections.
It dodges the avoids the crucial question of the personhood of the unborn child.
Critically, it refuses to rule on whether the unborn child enjoys 14A protections.
The Court was urged by Profs. Finnis and George in their amici to do just that, but the Kavanaugh concurrence suggests that there's little appetite for doing so at this stage.
The decision also avoids dispensing with substantive due process as advocated for by Justice Thomas.
The decision also avoids dispensing with substantive due process as advocated for by Justice Thomas.
Instead, it set itself the more limited task of repealing - on constitutional grounds - an ostensibly shoddily-decided judgement, and in so doing, indirectly, made abortion a matter for the people of the US states and their elected representatives to decide upon.
Unequivocally, the judgement is a win for states' rights.
It remains to be seen whether it will place the federal model under greater strain, as states increasingly diverge socially, culturally, legally and politically.
It remains to be seen whether it will place the federal model under greater strain, as states increasingly diverge socially, culturally, legally and politically.
Will the decision reduce the level of abortion in the US?
Democrats traditionally advocated for abortion to be "safe, legal and rare": the pro-choicers I have spoken to on the topic would like to see less abortion.
It's an open question whether Dobbs can achieve this end.
Democrats traditionally advocated for abortion to be "safe, legal and rare": the pro-choicers I have spoken to on the topic would like to see less abortion.
It's an open question whether Dobbs can achieve this end.
In overruling Roe, Dobbs' symbolic value is profound.
It takes the US out of that small group of countries, incl. China and North Korea, which have the world's most permissive abortion laws.
It takes the US out of that small group of countries, incl. China and North Korea, which have the world's most permissive abortion laws.
It also suggests that social liberalism in the US might have reached something of a high water mark, much as happened in Eastern Europe 5-10 years ago.
When - and in what manner - Western Europe follows suit will shortly become evident.
When - and in what manner - Western Europe follows suit will shortly become evident.
@threadreaderapp plz unroll
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