An erroneous interpretation of the Constitution is always important, but some are more damaging than others. The infamous decision in Plessy v. Ferguson, was one such decision. It betrayed our commitment to “equality before the law.” 163 U. S., at 562 (Harlan, J., dissenting). It was “egregiously wrong” on the day it was decided, see Ramos, 590 U. S., at _ (opinion of KAVANAUGH, J.) (slip op., at 7), and…Read more here.
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Saturday, June 25, 2022
No matter how you feel about abortion, this should be welcomed as a healthy development for American democracy and for the rule of written law made by the people’s representatives. Roe was a legal mistake that played a large role in driving our national politics crazy. Now the democratic process gets to decide what happens to abortion.
Before Roe, nearly every state in the Union banned or restricted abortion, but the trend was toward allowing abortion in more situations. That trend, here and abroad, tracked the liberalizing of divorce laws and other features of the sexual revolution of the 1960s and 1970s. Roe stopped all that in its tracks, high-handedly sweeping off the books the laws of nearly every state at once. (New York’s law, the nation’s most permissive, allowed abortions up to 24 weeks.)