Saturday, June 25, 2022

Abortion Goes Back to the People - WSJ

Critics say the Court’s 6-3 decision in Dobbs v. Jackson Women’s Health Organization is rule by unelected judges. But Roe was the real “exercise of raw judicial power,” as Justice Byron White put it in dissent in 1973. That’s when seven Justices claimed to find a constitutional right to abortion that is nowhere mentioned in the Constitution and had no history in American common law. The Court on Friday finally corrected its mistake, which has damaged the legitimacy of the Court and inflamed our politics for 49 years.

The Justices in the majority deserve credit for sticking with their convictions despite the leak of Justice Samuel Alito’s opinion in May. The leak was probably intended to create a furor to pressure the Justices to change their mind, and it has led to protests in front of their homes and even an apparent assassination attempt against Justice Brett Kavanaugh. By holding firm, they showed the Court can’t be intimidated.


Now those who think abortion is a sacrament can enact it, if they haven't done so already, into their state law. Those who think it's equivalent to murder, can forbid in the laws of their state. Those who are in between, can try to enact that. Different states can have different laws. If that doesn't work, we have no right to call ourselves one nation, and good luck to us.

| Permalink