The strange, sudden silence of conservative abortion foes

Anti-abortion victories in court are an unusual example of jurisprudence shifting materially in the absence of a shift in public opinion, which is why the comparison to Obergefell v. Hodges, the 2015 marriage-equality case, doesn’t hold up: The Court both followed public opinion on marriage equality, which had grown in popularity, and led it, as demonstrated by its nearly universal acceptance today. Even if the Court overturns Roe soon, either through the Texas law or a pending case about a Mississippi law, public opinion might not shift much.

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Because opinions about abortion have been so stable for so long, there is little prospect for anti-abortion advocates to win the battle of public opinion, but they know that they are winning the legal battle. That gives them every incentive to be delighted about this week’s turn of events, but no incentive to make too much noise about it.

As the impact of Texas’s law sinks in, Republican elected officials in several states have begun to express interest in exploring their own version of the law. In part, that reflects the demands of conservative bases in their home states, and in part it reflects a recognition that as long as Democrats are eager to make a fuss about the issue, it will get attention. The quiet may end soon, but the underlying political obstacle course for conservatives seeking to eliminate Roe isn’t going away.

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