John Roberts Cites Private Papers Of Justice Who Wrote Roe V. Wade

( On Wednesday, during the historic oral arguments in favor of overturning Roe v. Wade, Chief Justice John Roberts turned to the private papers of the late Justice Harry Blackmun who authored Roe v. Wade.

Typically, Roberts usually avoids courtroom references to materials that go beyond the normal briefs of a case, but in this instance he used it as an opportunity to throw his support behind the 1973 ruling that ensured that every woman has a “constitutional right” to access abortion before a fetus is considered “viable” – meaning, if a child cannot survive outside of the womb, then it can be aborted.

CNN reported that it was “jarring” on Wednesday that Roberts referred to the Blackmun papers as justices typically want to avoid public scrutiny of the behind-the-scenes negotiations on cases. However, he reportedly wanted to assert that a crucial part of Roe v. Wade is connected to the idea of fetal viability, and that this could be discarded without undercutting the Roe precedent.

Roberts argued that the line about fetal viability was “arbitrary” and didn’t need to be considered to be part of the essential holding of Roe, and said that he would be ready to uphold the ban on abortion after 15 weeks in Mississippi.

In short, left-wing justices may be willing to accept that Mississippi wishes to end late-term abortion in order to save the Roe v. Wade precedent.

That’s pretty wild – especially given that the Biden administration has very publicly opposed the Mississippi law.