Judges Don’t Need Roe to Overturn Abortion Laws

Jacob Sullum at Reason Magazine: Although Perry presumably disagrees with Sparks’ legal analysis, it does not depend on an invented, privacy-based right to abortion. Unless Perry rejects federal judicial review of state law altogether, he has to concede that some abortion regulations would be unconstitutional even without Roe. Counterintuitively, an outright ban might be more likely to pass muster than regulations like these.