for our review, its basic request was straightforward: “clarify whether abortion prohibitions before via- bility are always unconstitutional.” Pet. for Cert. 14. The State made a number of strong arguments that the answer is no, id., at 15– 26—arguments that, as discussed, I find persuasive. And it went out of its way to make clear that it was not asking the Court to repudiate entirely the right to choose whether to terminate a pregnancy: “To be clear, the questions presented in this petition do not require the Court to overturn Roe or Casey.”

Roberts concluded, “The Court’s decision to overrule Roe and Casey is a serious jolt to the legal system— regardless of how you view those cases. A narrower decision rejecting the misguided viability line wou...

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