Based on his Obergefell dissent, Chief Justice Roberts will overturn Roe

Published June 5, 2019 5:40pm ET



A wave of pro-life legislation is sweeping the nation, but will the Supreme Court uphold any of these laws? Under Roe v. Wade and its progeny, no law restricting abortion prior to 20 weeks can take effect, and the lower courts are forced to rule in line with that precedent.

There is a significant consensus among conservatives that Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would overturn Roe. Thomas’s opinion from last week on an Indiana abortion law showed his strong opposition to abortion and indicated he is particularly eager to overturn Roe v. Wade, just as he previously tried to do in Planned Parenthood v. Casey in 1992.

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