Was It All One Big Lie?

Justice Thomas marks how our country is awakening to an infuriating possibility — that there never was a right to an abortion in the Constitution itself, an error that can be traced to a fiction known as ‘substantive due process.’

United States Supreme Court via Wikimedia Commons
The Burger Court on January 1, 1973. United States Supreme Court via Wikimedia Commons

In one sense the level of anger that has been erupting in America in respect of the end of Roe v. Wade strikes us as out of proportion. The Supreme Court was never going to — and did not — outlaw abortion. In the immediate sense what the Court has done is acknowledge its own failure and change the branch of government that is going to decide this question to the legislatures of the federal and state governments from the judiciary.

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