Apparently, the Supreme Court stuttered.
Four years ago, in Dobbs v. Jackson Women’s Health Organization, the Court held that the Constitution does not confer a right to abortion. Writing for the majority, Justice Alito explained: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” The language could hardly have been clearer. Yet four years later, a federal district judge held that the Constitution protects such a right. The decisions are irreconcilable.
Judge B. Lynn Winmill ruled in Seyb v. Members of the Idaho Board of Medicine, that the Fourteenth Amendment protects a right to what he calls “health-preserving abortion” when pregnancy poses a non-negligible risk of serious and lasting harm to a woman’s health. The Aug. 13 decision struck down Idaho’s exclusion of self-harm from its exception for abortions necessary to prevent a woman’s death. The Ninth Circuit has temporarily stayed his injunction.
Simply put, W…
