Abstract
RBG’s ghost is stirring. When the US Supreme Court added a Mississippi case to its docket this term challenging a state law banning most abortions after 15 weeks, alarms went up that the Court’s new 6-3 conservative majority was coming after Roe v. Wade. Many believe the Court tipped its hand this week by declining to enjoin a new Texas law banning abortion after 6 weeks. If the Court effectively overturns Roe, it can take either a technical approach, by further limiting Roe’s legal progeny, or a foundational approach by overturning Roe’s legal forebears. Chief Justice Roberts, a cautious jurist, would undoubtedly prefer the former. However, the other five conservative justices may be game to tackle the latter. If that happens, there is no way for any Supreme Court Justice to avoid the ghost of Ruth Bader Ginsberg telling them “I told you so.”