Ginsburg was dissatisfied with the Supreme Court’s decision to impose a new “regime” on abortion, even though she strongly supported the judgment.
Following the unexpected leak of the draft opinion of Supreme Court Justice Samuel Alito from an important case that resulted in the overturning of Roe v. Wade in 1973, the subject of the late Justice Ruth Bader Ginsburg’s position on this significant abortion precedent is garnering considerable attention.
As a fervent advocate of abortion as a constitutional right, Ginsburg expressed reservations about how in which Roe v. Wade established that right — and her reasons for this complex position may provide insight into the current debate on the issue of abortion.
In Dobbs v. Jackson Women’s Health Organization, Justice Alito’s draft opinion, which was written in February and does not represent the Court’s current or final position, By overturning Roe v. Wade, Alito grants states the authority to adopt their own abortion rules, thus permitting them to override federal law on the subject.
If the Supreme Court does overturn Roe in this manner, Ginsburg’s worries about the pivotal decision may be validated, as she has stated previously.