The Fetus Takes Center Stage in the Dobbs Opinion: A Closer Look at Justice Alito’s Critique of Abortion History and Law

The recent Dobbs opinion has put the spotlight firmly on the fetus, making it the indisputable star of the show. In a surprising turn of events, the 79-page opinion is filled with lengthy historical accounts of abortion’s criminalization, with little actual law to be found. Women, on the other hand, are notably absent from the narrative.

Justice Alito, in particular, emphasized the moral question posed by abortion, criticizing previous decisions for not adequately addressing the state’s interest in protecting prenatal life. This criticism was directed at the dissenting opinion, which argued for retaining the 1992 Casey decision that acknowledged the state’s interest in fetal life from the moment of conception.

Interestingly, Justice Alito was involved in the Casey decision as a federal appeals court judge, where he supported a provision requiring a married woman to inform her husband of her abortion plans. The Supreme Court, in overturning this provision, highlighted the burden it placed on women’s safety and access to abortion.

Ultimately, the Dobbs opinion overturned both the Casey decision and Roe v. Wade, with the justices failing to provide a clear explanation for their decision. This has left many questioning the reasoning behind the ruling, especially in a society that values secular norms.

The focus on the fetus in the Dobbs opinion has sparked debate and controversy, highlighting the complex and deeply divisive nature of the abortion debate in the United States.