Brnovich v. Isaacson could trigger a flood of decisions reinstating long-dead anti-abortion laws.
By Ian Millhiser
Jan 7, 2022
By all outward signs, Roe v. Wade is on its deathbed. In December, the Supreme Court effectively insulated a Texas law that bans abortions after the sixth week of pregnancy from judicial review. Then, at oral arguments in Dobbs v. Jackson Women’s Health Organization, a majority of the justices appeared eager to drastically roll back abortion rights — and perhaps even to overrule Roe explicitly. A decision in Dobbs is expected by late June.
That leaves the right to an abortion in limbo. Technically, decisions like Roe and Planned Parenthood v. Casey (1992), which weakened Roe somewhat but retained core protections for abortion, remain good law. And many state anti-abortion laws are currently blocked by court orders that rely on Roe and Casey.