BY DAHLIA LITHWICK AND MARK JOSEPH STERN
JAN 30, 2024
The Supreme Court’s eradication of the constitutional right to abortion in 2022’s Dobbs v. Jackson Women’s Health Organization had an immediate and devastating impact on gender equality in the United States. … [Alito] dismissed his ruling’s ruinous impact on gender equality in a single conclusory paragraph asserting that abortion restrictions could not possibly discriminate against women.
… This week the Pennsylvania Supreme Court responded to that conclusion: no. On Monday, the court issued a landmark opinion declaring that abortion restrictions do amount to sex-based discrimination and therefore are “presumptively unconstitutional” under the state constitution’s equal rights amendment. The majority vehemently rejected Dobbs’ history-only analysis, noting that, until recently, “those interpreting the law” saw women “as not only having fewer legal rights than men but also as lesser human beings by design.” Justice David Wecht went even further: In an extraordinary concurrence, the justice recounted the historical use of abortion bans to repress women, condemned Alito’s error-ridden analysis, and repudiated the “antiquated and misogynistic notion that a woman has no say over what happens to her own body.”
Continued: https://slate.com/news-and-politics/2024/01/pennsylvania-supreme-court-dobbs-sam-alito-abortion.html