Saturday, April 8, 2017

Roe v. Wade is simply bad law

Regardless of your views on abortion, Roe v. Wade is bad law which has corrupted the judiciary and made the "nuclear option" necessary.
It is difficult to overstate the legal and moral consequences of the Supreme Court’s decisions, rendered inevitable in 1965, formalized in 1973, and reaffirmed in 1992, to dishonestly create and illegitimately protect a “constitutional” right to abortion. In a series of strokes, the Court declared that the text and history of the Constitution — even reason and logic itself — were inconsequential compared with the presumed social justice of the outcome. This was the “living constitution” turned into a child-devouring monster.
Harvard Law School’s Laurence Tribe famously said that “behind [Roe’s] own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” Edward Lazarus, a former law clerk to Justice Harry Blackmun, the author of the Roe opinion, said, “As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible.” Even Ruth Bader Ginsburg, the “Notorious RBG” herself, once said the case was “heavy-handed judicial intervention [that] was difficult to justify and appears to have provoked, not resolved, conflict.”
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