Rob Natelson on the Roe v Wade case before the Supreme Court


Last week, the United States Supreme Court heard oral arguments for and against Dobbs against the Jackson Women’s Health Organization after the state of Mississippi passed a law banning post-15 abortion.e week of pregnancy.

Former University of Montana law professor and current Constitutional Fellow at the Independence Institute, Rob Natelson, was on KGVO’s Talk Back Monday and answered questions on the matter, touching on first the Roe v Wade decision herself.

“Roe v Wade is one of the most fragile constitutional law decisions the court has ever made,” said Natelson. “It is widely recognized as such not only by pro-life academics, but also by pro-choice academics. It is based on a mistaken story and a very broad reading of a clause far beyond its original meaning. And so, like I said, it’s fragile, but you still have three judges on the court, almost certainly going to vote to keep it.

Natelson questioned the additions placed on the Roe v Wade decision.

“In 1992, the court further confused Roe against Wade by applying what is known as the ‘undue burden standard’,” he said. “He said abortion can be regulated as long as an undue burden is not placed on a woman’s right to have an abortion. So one guess is that the court could adopt an undue burden standard and say, “Well, women have the right to have an abortion, but at 15 weeks they should know if they’re pregnant, so it’s reasonable. that the Mississippi takes 15 weeks, cut ‘.

Natelson spoke about the possible repercussions of what could happen if Roe v Wade were overturned by the Supreme Court.

“If Roe’s opponents against Wade win, it’s not as if abortion suddenly becomes illegal across the country,” he said. “The battle is not between legal and illegal abortion nationwide. The battle is between legalizing abortion nationwide or allowing states, through their legislatures, to do so. regulate. ”

Natelson gave his opinion on how the Montana Supreme Court might decide whether Roe v Wade was knocked down.

“Given the current Montana Supreme Court, it is certainly very possible that the Montana Supreme Court could say that abortion is protected by Montana’s privacy law.” He said. “Either way, I think the current Liberal Montana Supreme Court would likely keep abortion legal in Montana.”

Click the link to hear the full conversation on Talk Back with Rob Natelson.

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