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Them’s the breaks. Of course “Roe was a breathtaking clunker as constitutional law,” which alone provided more than sufficient reason to overrule it. Indeed, that, rather than any belief that abortion in and of itself is almost always “bad,” is, by the majority’s account, the rationale for the outcome in Dobbs. In consequence of that reasoning and outcome, abortion policy is now back up for grabs at the state level, where I’m frankly not sure the “Pro-Life Movement” (as Bill defines it) can prepare for what’s next other than by bracing themselves for occasional defeats like that which the Movement suffered in Kansas. I strongly suspect that in most states there isn’t going to be a lot of play in the joints on the issue, meaning the neither side in the abortion debate will have the capacity to either blow it where they should have won it or win it where landscape had already made that unlikely.

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