The Decision to Overturn Roe Shows That Chief Justice John Roberts Has Lost the Confidence of the Court’s Conservative Majority

One of the things about yesterday’s Supreme Court decision obliterating the grotesque fiction that child-killing is a Constitutional right that struck even non-lawyers (thanks be to Heaven) like myself was the way that the concurring opinion written by Chief Justice John Roberts read much more like a dissent than the way it was billed.

The objection that Roberts raises to the reasoning in Dobbs is that it goes further than Roberts believes necessary. He’s willing to uphold the Mississippi law but he would just update the Roe/Casey mess with another rule. He agrees with the critique of Roe by the majority but doesn’t want to get rid of a constitutional right to infanticide. Rather than right a wrong decision, Roberts would rather make the decision only a little less wrong.

Roberts’ entire concurrence is embedded below.

More