Fox News legal analyst Andrew Napolitano on Thursday predicted that Alabama’s severe anti-abortion law will get taken up by the Supreme Court — and he said that it presented a once-in-a-generation opportunity for conservatives to roll back constitutional protections on the right to have an abortion.
During his appearance, Napolitano pointed to comments made by proponents of the Alabama legislation indicating that they hope their bill is a Trojan Horse aimed at getting the Supreme Court to reconsider the landmark 1973 ruling Roe v. Wade.
“It’s written for that purpose,” Napolitano explained. “There is a view that there is a pro-life majority in the Supreme Court and obviously a pro-life president. And if there is any time to dismantle Roe… the time is now.”
Napolitano predicted that overturning Roe wouldn’t lead to a nationwide abortion ban, however, and would simply kick the issue back to individual states.
“Even Justice Scalia, who believed abortion was murder, felt that the proper constitutional position was to leave it up to the states, because the constitution is silent on it,” he said.
Watch the video below.