Pro-Lifers Need to Wait on Federal Abortion Ban: Ramesh Ponnuru

Justice Elena Kagan’s dissent in the Supreme Court’s decision overturning Roe v. Wade gets one thing right: The ruling doesn’t just open the door to states to ban abortion. It removes the key legal obstacle to a federal ban on abortion, too. Whether and how to take advantage of that opening will now become a strategic choice, and debate, for pro-lifers.

For opponents of abortion, there are weighty considerations on both sides.

Let’s start with the case for federal action. The 14th Amendment says that states must extend the equal protection of the laws to all persons and gives Congress ...