Dahlia Lithwick writes:

Perhaps it would be refreshing if the conservatives on the U.S. Supreme Court no longer felt the need to lie to us. The lying, after all, is becoming nearly untenable—especially for an institution that relies on public confidence. After confirmation hearings in which they promised that stare decisis was a deeply felt value and that Roe v. Wade was a clear “precedent of the court” and “the law of the land.” there’s something sort of soothing about knowing the lying to our faces will soon be over. They were all six of them installed on the Supreme Court to put an end to Roe v. Wade after all, and that is exactly what they intend to do. There will be no more fake solicitude for women making difficult choices, no more pretense that pregnant people really just need better medical advice, and no more phony concerns about “abortion mills” that threaten maternal health. There is truly something to be said for putting an end to decades of false consciousness around the real endgame here, which was to take away a woman’s right to terminate a pregnancy—rape, incest, abuse, maternal health no longer being material factors. At least now we might soon be able to call it what it is.

But somehow, even still, only some of the six conservatives seem brave enough to admit to the real project. That became clear as oral arguments progressed this morning in Dobbs v. Jackson Women’s Health. Evaluating the constitutionality of a Mississippi law that prohibits virtually all abortions after 15 weeks of pregnancy, a pre-viability ban on its own terms that quite deliberately violates Roe v. Wade and Planned Parenthood v. Casey, some of the justices continued to pretend that what was being proposed—the overturning or hollowing out of a precedent on which generations of pregnant people had relied—was a teensy little tweak, a long-overdue tug of the constitutional sheets in the right direction. [Continue reading…]