Leaders | Rights and wrongs

The Supreme Court’s judicial activism will deepen cracks in America

The country needs to find a better way of resolving its thorniest issues

It was hardly a surprise. The Supreme Court’s move to overturn Roe v Wade, the decision in 1973 that American women had a constitutional right to abortion, had been expected since a draft majority opinion was leaked in early May. And drama from the court was almost inevitable after Donald Trump seated three justices, giving it a 6-3 conservative supermajority instead of the 5-4 balance, with a swing vote in the middle, that had prevailed since the 1970s. Even so, when the ruling in Dobbs v Jackson Women’s Health Organisation came on June 24th, it was a shattering blow to those, like this newspaper, who believe in the right to abortion. Chief Justice John Roberts, who cautioned against a “dramatic step”, could not prevent the court from withdrawing a right that Americans had relied on for nearly half a century and which a majority of them have consistently supported.

This article appeared in the Leaders section of the print edition under the headline “After the shattering of Roe”

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