As the nation awaits a decision from the U.S. Supreme Court in the potentially pivotal abortion case of Dobbs v. Jackson Women’s Health Organization, Sen. Josh Hawley (R-MO) suggests that a conservative win in the matter could finally upend the ruling in Roe v. Wade, which he characterizes as the “greatest injustice in our lifetimes.”
Speaking to Breitbart News earlier this month following oral arguments in the Dobbs case, which centers on a Mississippi law prohibiting most abortions after 15 weeks’ gestation, Hawley declared that based on the trajectory of the questions asked by justices at the high court, he feels that Roe and the subsequent jurisprudence it spawned is “very much in play.”
Having once served as a law clerk to Supreme Court Justice John Roberts, Hawley is uniquely qualified to opine on the positions that were taken by the opposing sides at the high court, and after hearing several justices ask what he called “foundational questions” about the key precedent at stake, he stated his belief that the panel is likely to uphold the Mississippi abortion restriction at issue by a vote of 6-3.
Underscoring the massive impact a victory in Dobbs would have for those who favor limits on abortion, Hawley explained, “It would mean the reaching of a landmark goal that I mean, frankly, I have to say just personally, that Roe is one of the reasons that, the major reason, that I went into politics, and I think that’s true for many, many other people,” adding that the holding in that case is “the greatest injustice in our lifetimes.”
In Hawley’s view, a ruling from the current justices that either limited or overturned Roe would be “seismic” in nature in that it would permit individual states and their varied constituencies to determine what kinds of abortion limits make sense in those jurisdictions.
Hawley took to Twitter in the wake of oral presentations at the court and said, “…after listening to the argument, I believe this could be the case that finally reverses the great injustice of Roe. It may all come down to Amy [Coney] Barrett.”
The senator from Missouri was not the only one to feel optimistic after the justices weighed in with their questions for the lawyers on each side of the case, with former Trump-era Department of Health and Human Services official Roger Severino declaring, “The pro-life movement should rejoice with how the SCOTUS oral argument went. I count six votes upholding the Mississippi law and 5 to 6 directly overturning Roe.”
Liberal CNN legal analyst Jeffrey Toobin also had to admit that things did not look promising for the pro-choice side of the aisle following oral arguments, tweeting that same day, “If you believe that women should have the right [to] choose abortion, today’s Supreme Court argument was a wall-to-wall disaster.”
Based on those reactions – and many others – to the sentiments and concerns expressed by the justices, there seems a good chance that Hawley’s stated desire will indeed come to fruition, and the court will, in the words of Judge Amul Thapar of the Sixth Circuit Court of Appeals, “tow our jurisprudence back to the safe harbor of democratic legitimacy” and leave questions on abortions to state lawmakers, where they belong.