“I do think the Supreme Court should never have had to reach beyond the 15 weeks. That’s what was before the Supreme Court,” Dershowitz told Sean Hannity. “Why did the Supreme Court have to jump into this and say, ‘We’re not going to decide the case before us. We’re going to ban Roe vs. Wade, overrule it, and allow states… to abolish abortion completely’? That was judicial activism, overreaching. And Sean, you oppose judicial activism.”

Dershowitz stated the court should have waited for a case in which a state banned abortion entirely.

“And then the Supreme Court could’ve overruled Roe v. Wade,” he said.