How the Supreme Court could overrule Roe v. Wade without overruling Roe v. Wade

Dobbs v. Jackson Women’s Health Organization, which the Supreme Court will hear on Wednesday, is the single greatest threat to abortion rights since Roe v. Wade was handed down in 1973. It involves a Mississippi law that prohibits nearly all abortions after the 15th week of pregnancy, a law which violates the Supreme Court’s holding in Planned Parenthood v. Casey (1992) that “a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.”

“Viability” refers to the moment when a fetus can live outside of the womb, which typically...