I’ve said this on other boards and it bears repeating: Roe v Wade is not a majoritarian decision agreed upon by the people. It was a decision decided by seven (white, not that it matters) men who agreed to overturn the actual elected will of a majority of American states. I would have immense sympathy for the angry pro-choice movement if this was a law passed by Congress. It wasn’t. I would have MORE sympathy if I felt the constitutional question was clear, concise and reasonable. It isn’t.
The ‘Roe v Wade’ is popular argument is also not strong. Most Americans support it until you actually explain what it does: then it becomes more muddled. Which suggests it was a poorly reasoned crappy precedent in the first place.
(Sarcasm alert) but of course the Supreme Court NEVER overturns precedent. Well, besides Plessy v Ferguson. But that was a one off…well, except it wasn’t. The Court actually has overturned other precedents as well. Like in West Coast Parrish where they decided minimum wages are OK. Or Gideon v Wainwright when they set the right to an attorney.
So no I think the entire process argument in favor of keeping Roe is wrong. If abortion is as popular as democrats think they should have no problem getting the states to write laws upholding it.
Barney Frank had it right: “They believe that life begins at conception and ends at birth. “
I’ve said this on other boards and it bears repeating: Roe v Wade is not a majoritarian decision agreed upon by the people. It was a decision decided by seven (white, not that it matters) men who agreed to overturn the actual elected will of a majority of American states. I would have immense sympathy for the angry pro-choice movement if this was a law passed by Congress. It wasn’t. I would have MORE sympathy if I felt the constitutional question was clear, concise and reasonable. It isn’t.
The ‘Roe v Wade’ is popular argument is also not strong. Most Americans support it until you actually explain what it does: then it becomes more muddled. Which suggests it was a poorly reasoned crappy precedent in the first place.
(Sarcasm alert) but of course the Supreme Court NEVER overturns precedent. Well, besides Plessy v Ferguson. But that was a one off…well, except it wasn’t. The Court actually has overturned other precedents as well. Like in West Coast Parrish where they decided minimum wages are OK. Or Gideon v Wainwright when they set the right to an attorney.
So no I think the entire process argument in favor of keeping Roe is wrong. If abortion is as popular as democrats think they should have no problem getting the states to write laws upholding it.