Clarice Feldman – There has been much perfervid shouting and rending of garments (or these days, parading about with red splotches on the crotches of their clothing or performative displays in Handmaid’s Tale costumes — red hooded capes) to protest the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. On the other hand, those opposed to abortion hail this decision, claiming abortions will end or be much reduced.

Neither side is right. I believe the decision will not substantially lessen the number of abortions. On the other hand, I do think that it signals a significant retreat from the days when the Supreme Court creatively crafted imaginary rights to strip the states of their constitutional role. Federalism is back. Continue reading →