Earlier this week, a document was leaked from the United States Supreme Court indicating that the Justices intend to overturn the country’s national abortion law, commonly referred to as the Roe v Wade decision. Incorrectly, this has been reported in some outlets to mean the banning of abortion in America. As is the case for many of the debates that matter in US politics, which are difficult to separate from the deeply divisive discourse, it is primarily a dispute about whether powers should reside with the federal government or with individual states.
I am not going to pass a verdict on the merits or otherwise of American federalism. The law on abortion in America is, of course, a matter for Americans to decide. If the Supreme Court’s final decision resembles the leaked draft opinion, the power to legislate on the matter of abortion will be returned to individual states.