Killing Roe in order to save it

The viability standard made sense before the advancement of science. Chapter IX of Roe hinted, but did not state, that because Congress had not acted to define a start of legal status, the Court had to make one up that matched the language of the 14th Amendment (which was viability).

The current majority is not amused. They seem willing to punt to the states. If the GOP knew what was good for them in November, they would join the Democrats in drawing a line between viability and some earlier point.

The Republicans think inflation is their ticket to ride. Between Jackson v. Dobbs and the Insurrection (followed by expulsions), this is not the case. As it is, if they obstruct expulsions when they come to the floor, they will lose.

The only other options are to hope that Roberts can or has convinced Gorsuch or others to reject Alito's argument or for advocart's to publicly make an argument that forecloses bringing back Plessy's view of state power (saying so explicitly) and offers an earlier gestational age based in science. Briefs can no longer be submitted or arguments heard, so the people must speak in a way that meets majority objections to viability, rather than a demand for rights.

While this move opens the door to a fetal heartbeat standard, assisted viability or fetal reaction to pain are more likely standards (20 weeks). 

Frankly, even though the fetus cannot appreciate the pain of abortion, it still reacts the procedure that for some, shocks the conscience. That is the kind of language that sounds like what a final opinion of the Court would say. At the very least, it could be used to limit abortions up to assisted viability to induction.

Another such phrase is to call the Mississippi law, as well as other attempts to reverse federal supremacy on abortion and civil rights in general, pernicious attempts to restore the logic of Plessy, overturning the entire body of civil rights precedence - regardless of assurances in the Alito dissent.

In other words, we need to kill Roe in order to save it - and the entire body of civil rights law. This is the only path that I can see to counter Alito effectively.