No, the “liberals” did not decide Roe v Wade based on ideology.....

[watsup]

it was based on Constitutional privacy.
But the far right corrupt “Justices” on the SC did indeed base Dobbs on the far right ideology of the Koch-supported Federalist Society combined with their own extremist Catholicism.

Anyway, here is the TRUTH about Roe v Wade:

“In fact, it was mostly Republican-nominated Supreme Court Justices who made the case for choice in 1973.

Roe vs. Wadewas decided with a 7-2 vote, and not along partisan lines. Those who ruled in favor were as follows, with the president who nominated them and the party of that president indicated in parentheses:

• Harry Blackmun (Nixon, R)
• Lewis Powell (Nixon, R)
• Warren Burger (Nixon, R)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• William Douglas (FDR, D)

Those who dissented on Roe vs. Wade:

• Byron White (Kennedy, D)
• William Rehnquist (Nixon, R)

So five Republican-nominated justices and two Democrat-nominated justices ruled for choice, while one Republican and one Democrat-nominated justice ruled against.“

In other words, these REPUBLICAN Justices were more interested in Constitutional correctness than in ideological purity.
More:

“A lifelong Republican justice, Harry Blackmun, wrote the majority opinion in the case, whichbasically stated that state laws that unduly restrict abortion were unconstitutional—not specifically because a woman had a right to choose to have an abortion, but because of a the right to privacy under the 14th amendment.

It's only since the religious right aligned itself with the Republican party in a direct way (and vice versa) that making abortion illegal became a Republican stance.

Since the only things proven to reduce abortion rates are comprehensive sex education, easy and affordable access to birth control, and access to healthcare in general; since choice was originally a Republican-led stance as evidenced by the Roe vs. Wade ruling; and since abortion rates have fallen consistently for the past four decades—more drastically under Democrat administrations than Republican, oddly enough—and are currently at record lows.”

Just a reminder that the majority opinion in Roe v. Wade was written by a lifelong Republican

5 of the 7 justices who ruled for choice were appointed by Republican presidents.

www.upworthy.com

The shame, of course, is that hard-liners on the SC simply decided to throw the Constitution into the trash in pursuit of their ideological and religious extremes.

 

[ebradenton]

it was based on Constitutional privacy.
But the far right corrupt “Justices” on the SC did indeed base Dobbs on the far right ideology of the Koch-supported Federalist Society combined with their own extremist Catholicism.

Anyway, here is the TRUTH about Roe v Wade:

“In fact, it was mostly Republican-nominated Supreme Court Justices who made the case for choice in 1973.

Roe vs. Wadewas decided with a 7-2 vote, and not along partisan lines. Those who ruled in favor were as follows, with the president who nominated them and the party of that president indicated in parentheses:

• Harry Blackmun (Nixon, R)
• Lewis Powell (Nixon, R)
• Warren Burger (Nixon, R)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• William Douglas (FDR, D)

Those who dissented on Roe vs. Wade:

• Byron White (Kennedy, D)
• William Rehnquist (Nixon, R)

So five Republican-nominated justices and two Democrat-nominated justices ruled for choice, while one Republican and one Democrat-nominated justice ruled against.“

In other words, these REPUBLICAN Justices were more interested in Constitutional correctness than in ideological purity.
More:

“A lifelong Republican justice, Harry Blackmun, wrote the majority opinion in the case, whichbasically stated that state laws that unduly restrict abortion were unconstitutional—not specifically because a woman had a right to choose to have an abortion, but because of a the right to privacy under the 14th amendment.

It's only since the religious right aligned itself with the Republican party in a direct way (and vice versa) that making abortion illegal became a Republican stance.

Since the only things proven to reduce abortion rates are comprehensive sex education, easy and affordable access to birth control, and access to healthcare in general; since choice was originally a Republican-led stance as evidenced by the Roe vs. Wade ruling; and since abortion rates have fallen consistently for the past four decades—more drastically under Democrat administrations than Republican, oddly enough—and are currently at record lows.”

Just a reminder that the majority opinion in Roe v. Wade was written by a lifelong Republican

5 of the 7 justices who ruled for choice were appointed by Republican presidents.

www.upworthy.com

The shame, of course, is that hard-liners on the SC simply decided to throw the Constitution into the trash in pursuit of their ideological and religious extremes.

Yup. Every time you counter a person's state's rights argument with the privacy and freedom from government interference issue, the state's rights person usually doesn't have much to say.

 

[Phys251]

it was based on Constitutional privacy.
But the far right corrupt “Justices” on the SC did indeed base Dobbs on the far right ideology of the Koch-supported Federalist Society combined with their own extremist Catholicism.

Anyway, here is the TRUTH about Roe v Wade:

“In fact, it was mostly Republican-nominated Supreme Court Justices who made the case for choice in 1973.

Roe vs. Wadewas decided with a 7-2 vote, and not along partisan lines. Those who ruled in favor were as follows, with the president who nominated them and the party of that president indicated in parentheses:

• Harry Blackmun (Nixon, R)
• Lewis Powell (Nixon, R)
• Warren Burger (Nixon, R)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• William Douglas (FDR, D)

Those who dissented on Roe vs. Wade:

• Byron White (Kennedy, D)
• William Rehnquist (Nixon, R)

So five Republican-nominated justices and two Democrat-nominated justices ruled for choice, while one Republican and one Democrat-nominated justice ruled against.“

In other words, these REPUBLICAN Justices were more interested in Constitutional correctness than in ideological purity.
More:

“A lifelong Republican justice, Harry Blackmun, wrote the majority opinion in the case, whichbasically stated that state laws that unduly restrict abortion were unconstitutional—not specifically because a woman had a right to choose to have an abortion, but because of a the right to privacy under the 14th amendment.

It's only since the religious right aligned itself with the Republican party in a direct way (and vice versa) that making abortion illegal became a Republican stance.

Since the only things proven to reduce abortion rates are comprehensive sex education, easy and affordable access to birth control, and access to healthcare in general; since choice was originally a Republican-led stance as evidenced by the Roe vs. Wade ruling; and since abortion rates have fallen consistently for the past four decades—more drastically under Democrat administrations than Republican, oddly enough—and are currently at record lows.”

Just a reminder that the majority opinion in Roe v. Wade was written by a lifelong Republican

5 of the 7 justices who ruled for choice were appointed by Republican presidents.

www.upworthy.com

The shame, of course, is that hard-liners on the SC simply decided to throw the Constitution into the trash in pursuit of their ideological and religious extremes.

The anti-choicers don't like this, because they want the Constitution to be interpreted along their anti-woman, pro-forced-birth views.

 

[mrjurrs]

it was based on Constitutional privacy.
But the far right corrupt “Justices” on the SC did indeed base Dobbs on the far right ideology of the Koch-supported Federalist Society combined with their own extremist Catholicism.

Anyway, here is the TRUTH about Roe v Wade:

“In fact, it was mostly Republican-nominated Supreme Court Justices who made the case for choice in 1973.

Roe vs. Wadewas decided with a 7-2 vote, and not along partisan lines. Those who ruled in favor were as follows, with the president who nominated them and the party of that president indicated in parentheses:

• Harry Blackmun (Nixon, R)
• Lewis Powell (Nixon, R)
• Warren Burger (Nixon, R)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• William Douglas (FDR, D)

Those who dissented on Roe vs. Wade:

• Byron White (Kennedy, D)
• William Rehnquist (Nixon, R)

So five Republican-nominated justices and two Democrat-nominated justices ruled for choice, while one Republican and one Democrat-nominated justice ruled against.“

In other words, these REPUBLICAN Justices were more interested in Constitutional correctness than in ideological purity.
More:

“A lifelong Republican justice, Harry Blackmun, wrote the majority opinion in the case, whichbasically stated that state laws that unduly restrict abortion were unconstitutional—not specifically because a woman had a right to choose to have an abortion, but because of a the right to privacy under the 14th amendment.

It's only since the religious right aligned itself with the Republican party in a direct way (and vice versa) that making abortion illegal became a Republican stance.

Since the only things proven to reduce abortion rates are comprehensive sex education, easy and affordable access to birth control, and access to healthcare in general; since choice was originally a Republican-led stance as evidenced by the Roe vs. Wade ruling; and since abortion rates have fallen consistently for the past four decades—more drastically under Democrat administrations than Republican, oddly enough—and are currently at record lows.”

Just a reminder that the majority opinion in Roe v. Wade was written by a lifelong Republican

5 of the 7 justices who ruled for choice were appointed by Republican presidents.

www.upworthy.com

The shame, of course, is that hard-liners on the SC simply decided to throw the Constitution into the trash in pursuit of their ideological and religious extremes.

Well that's inconvenient for the narrative.

Thanks

 

[Lursa]

And a lot of people dont realize that the status or life of the unborn barely factored into the decision...the case was based on states denying women a much safer medical procedure. And they found no grounds for the states to do so.

​

"Coffee and Weddington brought a lawsuit on McCorvey’s behalf (who went by the alias “Jane Roe” throughout the case to protect her identity) claiming that the state’s law violated Roe’s constitutional rights. The suit claimed that, while her life was not in danger, Roe had a right to obtain an abortion in a safe, medical environment within her home state. The United States District Court for the Northern District of Texas agreed, and ruled that the Texas law violated Roe’s right to privacy found in the Ninth Amendment, and was therefore unconstitutional."​

​

The U.S. Constitution | Constitution Center

Learn about the text, history, and meaning of the U.S. Constitution from leading scholars of diverse legal and philosophical perspectives.

constitutioncenter.org

(The original decision was about recognizing that by the 1970s, legal doctor-facilitated abortions were safer than pregnancy/childbirth and that women had a right to the safer procedure. It was about protecting women from back-alley abortions and dangerous unwanted childbirth...how times have changed.)

 

[eman623]

Roe was based more on hubris than ideology.

This was the age of the activist Supreme Court and the court saw what they had done in Brown and Griswald and Loving and felt they could settle the abortion issue once and for all like they had done with all the others. Unfortunately the issue stubbornly refused to stay settled.

They had also tried to settle capital punishment once and for all with Furman, but that was a train wreck of a decision that didn't even have a majority consensus opinion. It lasted for 4 years when Gregg overturned it. Bizarrely, two justices (Stewart, White) voted both to repeal the DP and to reinstate it!

We are still cleaning up the mess that court made.

 

[watsup]

Roe was based more on hubris than ideology.

This was the age of the activist Supreme Court and the court saw what they had done in Brown and Griswald and Loving and felt they could settle the abortion issue once and for all like they had done with all the others. Unfortunately the issue stubbornly refused to stay settled.

They had also tried to settle capital punishment once and for all with Furman, but that was a train wreck of a decision that didn't even have a majority consensus opinion. It lasted for 4 years when Gregg overturned it. Bizarrely, two justices (Stewart, White) voted both to repeal the DP and to reinstate it!

We are still cleaning up the mess that court made.

You have it exactly backwards. Roe was clearly based in Constitutionality, and was a bipartisan ruling in the both Democrats and Republicans supported it. Quote different from the HUBRIS of the present court who rely not so much on the Constitution as on sheer numbers (six) of far right "Justices". They are all liars too, in that they said, during their nomination hearing, the Roe was "settled law" but then, as soon as they had the numbers, they overturn it.
What was wrong with Brown? What was wrong with Roe acknowledging the right to privacy of women?
And it was the extremist Alito who claimed that his ruling would help to calm the abortion situation. What the hell was the thinking? It threw gasoline on a "problem" that was only made that way by religious extremists who are trying to force their particular "morals" onto all of us. The train wreck was Dobbs in allowing the legislatures in the red states to insist that a woman become a ward of the state immediately upon conception. Very fascist.

 

[Craig234]

FWIW, as I recall, Byron White was Catholic and the roommate at Harvard of JFK who appointed him.

 

[bomberfox]

it was based on Constitutional privacy.
But the far right corrupt “Justices” on the SC did indeed base Dobbs on the far right ideology of the Koch-supported Federalist Society combined with their own extremist Catholicism.

Anyway, here is the TRUTH about Roe v Wade:

“In fact, it was mostly Republican-nominated Supreme Court Justices who made the case for choice in 1973.

Roe vs. Wadewas decided with a 7-2 vote, and not along partisan lines. Those who ruled in favor were as follows, with the president who nominated them and the party of that president indicated in parentheses:

• Harry Blackmun (Nixon, R)
• Lewis Powell (Nixon, R)
• Warren Burger (Nixon, R)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• William Douglas (FDR, D)

Those who dissented on Roe vs. Wade:

• Byron White (Kennedy, D)
• William Rehnquist (Nixon, R)

So five Republican-nominated justices and two Democrat-nominated justices ruled for choice, while one Republican and one Democrat-nominated justice ruled against.“

In other words, these REPUBLICAN Justices were more interested in Constitutional correctness than in ideological purity.
More:

“A lifelong Republican justice, Harry Blackmun, wrote the majority opinion in the case, whichbasically stated that state laws that unduly restrict abortion were unconstitutional—not specifically because a woman had a right to choose to have an abortion, but because of a the right to privacy under the 14th amendment.

It's only since the religious right aligned itself with the Republican party in a direct way (and vice versa) that making abortion illegal became a Republican stance.

Since the only things proven to reduce abortion rates are comprehensive sex education, easy and affordable access to birth control, and access to healthcare in general; since choice was originally a Republican-led stance as evidenced by the Roe vs. Wade ruling; and since abortion rates have fallen consistently for the past four decades—more drastically under Democrat administrations than Republican, oddly enough—and are currently at record lows.”

Just a reminder that the majority opinion in Roe v. Wade was written by a lifelong Republican

5 of the 7 justices who ruled for choice were appointed by Republican presidents.

www.upworthy.com

The shame, of course, is that hard-liners on the SC simply decided to throw the Constitution into the trash in pursuit of their ideological and religious extremes.

I found dobbs to be about as ideological as this court’s war on Miranda.

 

[Bullseye]

it was based on Constitutional privacy.
But the far right corrupt “Justices” on the SC did indeed base Dobbs on the far right ideology of the Koch-supported Federalist Society combined with their own extremist Catholicism.

Anyway, here is the TRUTH about Roe v Wade:

“In fact, it was mostly Republican-nominated Supreme Court Justices who made the case for choice in 1973.

Roe vs. Wadewas decided with a 7-2 vote, and not along partisan lines. Those who ruled in favor were as follows, with the president who nominated them and the party of that president indicated in parentheses:

• Harry Blackmun (Nixon, R)
• Lewis Powell (Nixon, R)
• Warren Burger (Nixon, R)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• William Douglas (FDR, D)

Those who dissented on Roe vs. Wade:

• Byron White (Kennedy, D)
• William Rehnquist (Nixon, R)

So five Republican-nominated justices and two Democrat-nominated justices ruled for choice, while one Republican and one Democrat-nominated justice ruled against.“

In other words, these REPUBLICAN Justices were more interested in Constitutional correctness than in ideological purity.
More:

“A lifelong Republican justice, Harry Blackmun, wrote the majority opinion in the case, whichbasically stated that state laws that unduly restrict abortion were unconstitutional—not specifically because a woman had a right to choose to have an abortion, but because of a the right to privacy under the 14th amendment.

It's only since the religious right aligned itself with the Republican party in a direct way (and vice versa) that making abortion illegal became a Republican stance.

Since the only things proven to reduce abortion rates are comprehensive sex education, easy and affordable access to birth control, and access to healthcare in general; since choice was originally a Republican-led stance as evidenced by the Roe vs. Wade ruling; and since abortion rates have fallen consistently for the past four decades—more drastically under Democrat administrations than Republican, oddly enough—and are currently at record lows.”

Just a reminder that the majority opinion in Roe v. Wade was written by a lifelong Republican

5 of the 7 justices who ruled for choice were appointed by Republican presidents.

www.upworthy.com

The shame, of course, is that hard-liners on the SC simply decided to throw the Constitution into the trash in pursuit of their ideological and religious extremes.

And yet the ultimate LW Idol RBG disagreed with RvW. "Privacy" is a false idol. It could be used for almost any behavior.

 

[watsup]

I found dobbs to be about as ideological as this court’s war on Miranda.

The arc of the SC in the latter half of the 20th century was towards acknowledgement of more rights. Looks like the reactionary Federalist Society extremists are determined to cut back on rights. Why? What is the point?

 

[watsup]

And yet the ultimate LW Idol RBG disagreed with RvW. "Privacy" is a false idol. It could be used for almost any behavior.

What exactly did she actually say?

 

[bomberfox]

The arc of the SC in the latter half of the 20th century was towards acknowledgement of more rights. Looks like the reactionary Federalist Society extremists are determined to cut back on rights. Why? What is the point?

Because they are ideologically wrapped up in this whole founding fathers mythos that spurs all those tea party morons to shout back to 1776! And i suspect the have an intense hatred of common folks. Originalism doesnt leave anything to practicality.

 

[Craig234]

The arc of the SC in the latter half of the 20th century was towards acknowledgement of more rights. Looks like the reactionary Federalist Society extremists are determined to cut back on rights. Why? What is the point?

When FDR took office, the court was very right-wing; the Chief Justice had been the Republican nominee for president. They blocked FDR constantly, creating a political crisis. The court for more rights followed that, with FDR appointees and then Earl Warren, which lasted through the 60's. I'd argue it was the best court in history.

 

[Parrish]

The arc of the SC in the latter half of the 20th century was towards acknowledgement of more rights. Looks like the reactionary Federalist Society extremists are determined to cut back on rights. Why? What is the point?

Rights for thee but not for me.

 

[Lursa]

And yet the ultimate LW Idol RBG disagreed with RvW. "Privacy" is a false idol. It could be used for almost any behavior.

So you want to throw out the right to due process required for search and seizure of your person, vehicle, home, etc? You agree that's "a false idol?" Btw, it has nothing to do with a 'behavior." It has to do with a previously determined precedent (many of them) supporting a "zone of privacy" that each individual citizen has a right to.

Are you for tossing that out the window? Please explain.

 

[eman623]

You have it exactly backwards. Roe was clearly based in Constitutionality, and was a bipartisan ruling in the both Democrats and Republicans supported it.

Which amendment guaranteed the freedom to have an abortion during the first trimester? And if that was constitutional, why was it replaced in Casey with a viability test? Which amendment was that?

Roe was "settled law" but then, as soon as they had the numbers, they overturn it.

It was a bad ruling and was never settled in the sense that people accepted it and moved on. Dobbs settles it the only way it can be in a federal system. Let each state set its own rules.

What was wrong with Brown?

Nothing wrong with Brown. Separate but Equal was fine in theory but in practice was anything but equal.

And it was the extremist Alito who claimed that his ruling would help to calm the abortion situation. What the hell was the thinking? It threw gasoline on a "problem" that was only made that way by religious extremists who are trying to force their particular "morals" onto all of us. The train wreck was Dobbs in allowing the legislatures in the red states to insist that a woman become a ward of the state immediately upon conception. Very fascist.

Bored now. Go blar-de-blar fascist someone else.

 

[iguanaman]

Which amendment guaranteed the freedom to have an abortion during the first trimester? And if that was constitutional, why was it replaced in Casey with a viability test? Which amendment was that?


It was a bad ruling and was never settled in the sense that people accepted it and moved on. Dobbs settles it the only way it can be in a federal system. Let each state set its own rules.


Nothing wrong with Brown. Separate but Equal was fine in theory but in practice was anything but equal.


Bored now. Go blar-de-blar fascist someone else.

You do know that as long as abortions are legal in so many States all that this decision does is penalize the poor that cannot afford to travel right? So is that the goal of this legislation or will you support a national ban which is the next step? Even then women will travel to Canada like they did in the 1960's. Women will find a way to keep control of their bodies and that is what Roe decided not to fight. For some reason men are threatened by strong women and this is the reactionary behavior that results. It will fail miserably. Even in blood red Florida voters will choose choice over tyranny.

 

[Jason Warfield]

And yet the ultimate LW Idol RBG disagreed with RvW. "Privacy" is a false idol. It could be used for almost any behavior

Context: to be clear, she disagreed on how the case was argued, not against abortion itself. She believed that the right to abortion should be based on gender equality and not privacy. Just pointing that out because on first read your posts seems to suggest she was against abortion, which is not what I think you meant.

Privacy, however, can help to guarantee rights in other issues and ways. Privacy is hugely important concerning 2nd Amendment issues. And it is the cornerstone of the Third and Fourth Amendments.

 

[butterfly]

Roe was based more on hubris than ideology.

This was the age of the activist Supreme Court and the court saw what they had done in Brown and Griswald and Loving and felt they could settle the abortion issue once and for all like they had done with all the others. Unfortunately the issue stubbornly refused to stay settled.

They had also tried to settle capital punishment once and for all with Furman, but that was a train wreck of a decision that didn't even have a majority consensus opinion. It lasted for 4 years when Gregg overturned it. Bizarrely, two justices (Stewart, White) voted both to repeal the DP and to reinstate it!

We are still cleaning up the mess that court made.

Really? I thought they were brilliant jurists. The decision changes of Stewart and White were based upon the specifics of the cases and not the political implications. Do you have a problem with Brown, Griswald and Loving? Were they not great interpretations of both the letter and intent of the law?

 

[j brown's body]

Roe was based more on hubris than ideology.

This was the age of the activist Supreme Court and the court saw what they had done in Brown and Griswald and Loving and felt they could settle the abortion issue once and for all like they had done with all the others. Unfortunately the issue stubbornly refused to stay settled.

They had also tried to settle capital punishment once and for all with Furman, but that was a train wreck of a decision that didn't even have a majority consensus opinion. It lasted for 4 years when Gregg overturned it. Bizarrely, two justices (Stewart, White) voted both to repeal the DP and to reinstate it!

We are still cleaning up the mess that court made.

Brown v Board could go next.

 

[j brown's body]

it was based on Constitutional privacy.
But the far right corrupt “Justices” on the SC did indeed base Dobbs on the far right ideology of the Koch-supported Federalist Society combined with their own extremist Catholicism.

Anyway, here is the TRUTH about Roe v Wade:

“In fact, it was mostly Republican-nominated Supreme Court Justices who made the case for choice in 1973.

Roe vs. Wadewas decided with a 7-2 vote, and not along partisan lines. Those who ruled in favor were as follows, with the president who nominated them and the party of that president indicated in parentheses:

• Harry Blackmun (Nixon, R)
• Lewis Powell (Nixon, R)
• Warren Burger (Nixon, R)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• William Douglas (FDR, D)

Those who dissented on Roe vs. Wade:

• Byron White (Kennedy, D)
• William Rehnquist (Nixon, R)

So five Republican-nominated justices and two Democrat-nominated justices ruled for choice, while one Republican and one Democrat-nominated justice ruled against.“

In other words, these REPUBLICAN Justices were more interested in Constitutional correctness than in ideological purity.
More:

“A lifelong Republican justice, Harry Blackmun, wrote the majority opinion in the case, whichbasically stated that state laws that unduly restrict abortion were unconstitutional—not specifically because a woman had a right to choose to have an abortion, but because of a the right to privacy under the 14th amendment.

It's only since the religious right aligned itself with the Republican party in a direct way (and vice versa) that making abortion illegal became a Republican stance.

Since the only things proven to reduce abortion rates are comprehensive sex education, easy and affordable access to birth control, and access to healthcare in general; since choice was originally a Republican-led stance as evidenced by the Roe vs. Wade ruling; and since abortion rates have fallen consistently for the past four decades—more drastically under Democrat administrations than Republican, oddly enough—and are currently at record lows.”

Just a reminder that the majority opinion in Roe v. Wade was written by a lifelong Republican

5 of the 7 justices who ruled for choice were appointed by Republican presidents.

www.upworthy.com

The shame, of course, is that hard-liners on the SC simply decided to throw the Constitution into the trash in pursuit of their ideological and religious extremes.

Today's conservatives have swung so far to the right that their predecessors are now considered liberal.

 

[watsup]

Rights for thee but not for me.

That makes no sense. What on Earth are you talking about?

 

[Blue Dog]

The Supreme Court ultimately made this decision because members of Congress feared a backlash with taking a stance on abortion.

That is why there was no legislation passed prior and no codifying law post Roe.

 

[eman623]

Really? I thought they were brilliant jurists. The decision changes of Stewart and White were based upon the specifics of the cases and not the political implications.

They looked at specific cases and then joined expansive rulings with national implications both for and against the DP.

Perhaps a more narrow ruling would have made them seem less like flip-floppers and been even more brilliant.

Do you have a problem with Brown, Griswald and Loving? Were they not great interpretations of both the letter and intent of the law?

I have noted before that Brown overturned "separate but equal" which was a legal fiction. Anyone with eyes could see that facilities for whites and blacks were anything but equal.

Griswald and Loving were a hammer in search of a nail. There was already widespread and increasing acceptance for contraception and interracial marriage. A more narrow ruling in each case would have redressed the injustice in the cases themselves. There was no need to create settled law because the issue was already largely settled.

OTOH, abortion was not settled by Roe and later Casey. Not even close. People continued to oppose abortion and even 50 years later the issue still simmered hotly. Even worse, because the USSC tried to implement a national solution and "settle it" once and for all, it made the issue even hotter and more contentious. Dobbs put the issue back where it belongs with the states. I predict that in 10 years, virtually every state will have legal abortions, per the legislatures or by referendum. This is the process that Roe short-circuited and is finally working itself out.