Why the Anti-Abortion Side Will Lose, Even if It Wins

The Supreme Court — and its post-Trump conservative majority — is currently deciding whether to take up a case that could be the final blow to Roe v. Wade. Overturning Roe, the 48-year-old decision protecting the right to an abortion in America, would leave abortion regulation up to the states. But some abortion opponents think that’s not far enough and are pushing the movement to change its focus to securing a 14th Amendment declaration of fetal personhood.

Ross Douthat wrote about the diverging anti-abortion movement and why both factions are doomed to fail as long as the movement is shackled to a Republican Party that refuses to enact public policy to help struggling families. Michelle Goldberg wrote a response column to Ross’s, claiming his argument was a fallacy. To bring their dueling columns to life, Jane Coaston brought the two writers together to debate the future of abortion protection and restriction in America.

Mentioned in this episode:

• Ross’s Sunday Review column “What Has the Pro-Life Movement Won?”
• Michelle’s responding column, “The Authoritarian Plan for a National Abortion Ban”
• John Finnis’s article in the Catholic journal “First Things,” “Abortion Is Unconstitutional”
• Emma Green’s article in “The Atlantic” “The Anti-Abortion-Rights Movement Prepares to Build a Post-Roe World”
• “Defenders of the Unborn” by Daniel K. Williams

Share your arguments with us: We want to hear what you’re arguing about with your family, your friends and your frenemies. Leave us a voice mail message at (347) 915-4324. We may use excerpts from your audio in a future episode.

You can find transcripts (posted midday) and more episodes of "The Argument" at nytimes.com/the-argument, and you can find Jane on Twitter @janecoaston.

“The Argument” is produced by Phoebe Lett, Elisa Gutierrez and Vishakha Darbha and edited by Alison Bruzek and Paula Szuchman; fact-checking by Kate Sinclair; music and sound design by Isaac Jones.

Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.