What Now?

What is next after the Supreme Court's ruling in Dobbs? I have been trying to come up with a concise way of thinking about that for the last month or so. Recently on a podcast I heard Henry Olsen, a Washington Post opinion columnist and polling expert, give the following post-Dobbs action plan which I think best expresses my thoughts:

“Overturning Roe, in hindsight, will be seen as the easy part. And I know that sounds like an absurd thing to say, since it took us almost 50 years to overturn Roe. But the fact is that the majority of American public opinion says that life within the womb in the first trimester (when the vast majority of abortions occur) does not deserve legal protection. They do not see the unborn child at that stage as sufficiently human to demand protection of the law. That opinion can change, it was different 60 years or 70 years ago, but that’s the battle that pro-lifer’s need to fight.

Jeremy Gorr in conversation with some students at UCLA in May, 2022.

“We can eliminate abortion extensively throughout the nation only when we change public opinion in that way. That’s the real battle, changing public opinion about the legal status and the human status of the unborn child in the first trimester. When we win that battle, we will win nationwide. Until we win that battle, it will always be a case of carving out enclaves and doing what we can.”

(“Life After Dobbs,” Episode 9, 33:58)

We convinced five judges, now we must convince 300 million Americans.