The U.S. Supreme Court will soon announce whether it has decided to overrule Roe v. Wade and return the issue of abortion to the states. The leaked draft opinion in Dobbs v. Jackson Women’s Health Organization indicates that the Court may well be ready to take that step, and activists on both sides of the abortion issue are preparing for a ruling that could drastically alter the legal landscape governing abortion in the U.S.
But what hasn’t been pointed out in the frenzy over the leaked Dobbs draft opinion is that Roe is, practically speaking, already dead — regardless of what the Court decides to do in Dobbs. The states already have the ability and authority to restrict abortion in any manner they see fit. Accordingly, they do not need to wait for the Court to overrule Roe to severely limit or simply outlaw abortion within state borders.
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