On Tuesday, the Wall Street Journal Editorial Board published a piece titled, "Abortion and the Supreme Court: This is the moment for the Justices to turn the issue over to the voters." The conclusion of the essay is bold. The Editorial Board expressly called on the Supreme Court to overrule Roe.
Far better for the Court to leave the thicket of abortion regulation and return the issue to the states. A political uproar would ensue, but then voters would decide on abortion policy through elections—starting in November. . . . In Dobbs the Court can say that such a profound moral question should be decided by the people, not by nine unelected judges.
I see a shift in the Editorial Board's position. In July 2018--shortly after Justice Kennedy announced his retirement--the WSJ published an editorial titled "The Abortion Scare Campaign: Why Roe v. Wade and same-sex marriage are likely to survive after Kennedy."In no uncertain terms, the WSJ predicted that the nominee--who was most likely to be Justice Kavanaugh--would not overrule Roe:
