{"id":259645,"date":"2021-12-28T14:42:31","date_gmt":"2021-12-28T20:42:31","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=259645"},"modified":"2021-12-29T09:59:49","modified_gmt":"2021-12-29T15:59:49","slug":"pro-abortion-attorney-roe-dead-year","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/pro-abortion-attorney-roe-dead-year\/","title":{"rendered":"Pro-abortion attorney: ‘Roe v. Wade will be dead within the year’"},"content":{"rendered":"
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In a recent TED Talk, longtime pro-abortion leader, attorney, and activist Kathryn Kolbert told supporters that she believes\u00a0Roe v. Wade<\/em> will be dead within the year because of the Dobbs v. Jackson Women’s Health Organization<\/em> Supreme Court case.\u00a0Kolbert is the co-founder<\/a>\u00a0the\u00a0Center for Reproductive Rights (CFRR)<\/a>, which defended Jackson Women’s Health Organization abortion facility in the case, challenging a Mississippi State ban on abortions after the 15th week of pregnancy.\u00a0<\/span>The Supreme Court in Dobbs<\/a>\u00a0agreed to address the question, \u201cUnder the Constitution, may a State prohibit elective abortions before viability?\u201d<\/span><\/p>\n

Kolbert also argued<\/span><\/a> on behalf of abortion in the\u00a0Planned Parenthood v Casey<\/a>\u00a0Supreme\u00a0Court case,\u00a0which\u00a0reaffirmed<\/a> Roe v. Wade<\/em>. In Casey,\u00a0“the justices imposed a new standard to determine the validity of laws restricting abortions. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an ‘undue burden,’ which is defined as a ‘substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability,'”\u00a0Cornell\u2019s Legal Information Institute (LII) project\u00a0Oyez wrote<\/a>.<\/p>\n

Under Roe v. Wade<\/em> and later Casey<\/em>, viability was defined as a preborn baby\u2019s ability to survive outside the womb. Live Action News\u00a0previously<\/a>\u00a0documented that in 1973, this was thought to be anywhere between 20 and 28 weeks. The so-called “viability rule” was a political and arbitrary<\/a> standard not based in science. Even SCOTUS justices have noted problems<\/a> with a \u2018viability\u2019 standard for abortion.<\/p>\n

Media claims Roe v. Wade has been gutted<\/strong><\/h4>\n

After the Court heard Dobbs<\/em>, multiple news outlets and pro-abortion advocates indicated the view that Roe<\/em> was coming to an end.<\/p>\n

“Roe v Wade is probably doomed,” wrote<\/a> Bloomberg.<\/p>\n

“Supreme Court… ready to Gut Roe,” A CNBC headline<\/a> read.<\/p>\n

“Roe v. Wade’s future is in doubt after historic arguments at Supreme Court,” NPR stated<\/a>.<\/p>\n

“We are witnessing the end of Roe versus Wade,” a Nation headline<\/a> read.<\/p>\n

Noah Brandt, Director of Government Affairs for Live Action, explained<\/a> the process: “For an opinion to rule, five justices of the nine on the Court must sign on to it. On the current Court, three Justices have made their pro-abortion stance clear and continued to advocate for that view during oral arguments: Breyer, Kagan, and Sotomayor. The other six indicated they would choose to uphold Mississippi\u2019s law, but it is unclear how they may vote on overturning\u00a0Roe\u00a0<\/i>in totality.”<\/p>\n

Roe v. Wade dead within the year<\/strong><\/h4>\n

“What’s the Supreme Court going to do about abortion? They’re not really going to overturn Roe versus Wade, are they? They can’t do that can they?” Kolbert began her TED Talk by asking.\u00a0“I can’t tell you how many people have asked me questions like this in recent months.”<\/p>\n

Kolbert, who argued two abortion cases at Supreme Court and defended abortion rights for 20 years, continued, “So, my answer is depressing but direct. Roe v. Wade will be dead within the year,” she claimed.\u00a0“This Court is likely to overrule Roe and Casey or so undermine its meaning that it will be effectively unavailable for its use.”<\/p>\n

“…We have been saying for five decades ‘save Roe, save Roe, save Roe’ that strategy is no longer feasible – GIVE IT UP!” Kolbert later claimed.<\/p>\n

The magic number is five<\/strong><\/h4>\n

In her\u00a0TED Talk<\/span><\/a>, Kolbert confirmed that the magic number for SCOTUS is five.\u00a0Since Casey<\/em> allowed states to restrict abortion, Kolbert claimed that “in the following three decades, we’ve seen states pass hundreds of restrictions on abortion and the increasingly Conservative Courts uphold those restrictions. And, as a result, we’ve seen a dwindling availability of abortion,” Kolbert stated.<\/span><\/p>\n

\u00a0“Today, about 11% of the counties in this country that have an abortion provider. There are six states that have one abortion provider,”\u00a0Kolbert added.\u00a0<\/span>“The question is what’s going to happen now? And unfortunately,\u00a0<\/span>things are going to get worse.”<\/p>\n

Of the Dobbs case, Kolbert said, “<\/span>we are likely to see at least five justices overrule Roe and Casey and send the question of abortion back to the states…\u00a0<\/span>What’s going to happen when Roe and Casey are overturned? <\/span>I’d guess that about half the states in this country will ban all or most abortions… Women will be forced to travel to the 15 states that are controlled by pro-choice legislatures and governors.”<\/span><\/p>\n

“Other women will seek medication abortion<\/a> using the internet or grey or black markets and subject themselves in some states to criminal prosecutions. Still other women will carry their unintended pregnancies to term. <\/span>The bottom line is this is not a pretty picture,” she added.<\/p>\n