My thoughts on Dobbs v. Jackson Women’s Health

Here are a few thoughts on our future after Dobbs.
1. I have always viewed Roe v. Wade as a compromise – an attempt to settle the dispute between those who favor and oppose choice. It was the middle position, giving preference to choice during the first trimester, and against choice in the third trimester, and balancing the interests during the second trimester. This was later adjusted to viability in Casey and requiring laws not to impose an “undue burden” on choice before that point. Dobbs says a prohibition of abortion survives because there is a rational basis for the legislature to believe the ban supports legitimate state interests. Here are some options for restoring the Roe/Casey compromise.
2. Pass the Equal Rights Amendment. This would allow an end run around Dobbs, recognizing women’s rights, and require the use of the much tougher strict scrutiny test. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.
3. Add 4 justices. It’s time for the Dems to play hardball. Let’s not forget how the Republicans refused a hearing for Merrick Garland, eliminated the filibuster to put Neil Gorsuch on the court and then violated the rule they used to justify denying a hearing for Merrick Garland by jamming Amy Coney Barrett through the Senate.
4. Elect more Democratic Senators. Dems need to flip Wisconsin and Pennsylvania and hold onto Arizona, Georgia, Nevada and New Hampshire. And eliminate the filibuster for a statute modeled after Roe.
5. Perhaps getting enough Senators right now to eliminate the filibuster for laws relating to choice and pass the Women’s Health Protection Act already passed by the House. Senators Manchin and Collins might join that effort now that they say SCOTUS nominees lied to them. Time is of the essence here as Republicans could take the House in the next election.

Leonard R. Stamm
Goldstein & Stamm, P.A.
6301 Ivy Lane, Suite 504
Greenbelt, MD 20770
(fax) 301-441-4652
Fellow, National College for DUI Defense
Dean, Maryland Criminal Defense Attorneys’ Association
Author: West’s Maryland DUI Law


Author: post 2013 updates to Maryland Evidence: State and Federal by Professor Lynn McLain


“Patience, Perseverance, Persuasion”

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