We Need A Roe Litmus Test If GOP Judges Keep Scrapping The Constitution

Sen. Josh Hawley, R-Mo., recently voiced the frustration of many pro-life Americans when he said he would no longer confirm a Supreme Court nominee who was not on the record opposing Roe v. Wade.

This was in response to the court’s decision in June Medical Services, LLC v. Russo, in which Chief Justice John Roberts cast the deciding vote to find unconstitutional a Louisiana law requiring abortionists to have hospital-admitting privileges. This was despite the fact that Roberts had voted just four years earlier that such legislation was constitutional in Whole Woman’s Health v. Hellerstedt.

More disturbing than Roberts’s bizarre invocation of stare decisis to support a case that is only four years old and that he thought was wrongly decided on a 5-3 vote was his use of Planned Parenthood v. Casey in reaching his judgment. Throughout his concurrence, Roberts acknowledges the correct standard to apply in the case is Casey, which saved the so-called right to abortion contrived in Roe v. Wade.