Much like the civil-rights activists of the past, abortion foes have pursued a long-term strategy that stretches far outside the courts
The Supreme Court captured its biggest headlines last month not for a decision, but for a case it agreed to review next year: Dobbs vs. Jackson Women’s Health Organization. The case turns on a 2018 Mississippi law banning abortion at 15 weeks, but its impact will likely reach well beyond one state. To uphold Mississippi’s law—which the Court’s conservative majority is expected to do—the Court will have to undo all or part of Roe v. Wade.
The Supreme Court is hugely important in these shifts, of course, but what’s often lost in the breathless coverage of the Court is that constitutional law does not simply emanate from the highest court in the land. Changes in society also percolate into the Court’s thinking. And even if abortion opponents do succeed in putting a stake through Roe, that won’t be the end of the story. Constitutional law can never be completely stable on matters of liberty and equality, on abortion or otherwise.
In a campaign to shift the scope of constitutional rights, marrying a social movement to formal power is always a critical step. Nineteenth-century anti-slavery activism and 20th- century anti-segregation efforts were grounded in churches and civic groups, but truly took off once their goals were incorporated into the reform agenda of a major political party. So too anti-abortion activism has been sustained by a potent union with the modern GOP.
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