(PatrioticPost.com)- During a 1992 lecture at New York University, the late Supreme Court Justice Ruth Bader Ginsburg had criticized the way in which Roe v. Wade established the “constitutional right” to abortion. And her criticism at the time warned of exactly what appears to be playing out today.
Ginsburg warned that going out on “doctrinal limbs” that are “too swiftly shaped” will ultimately prove to be unstable. To her, the most “prominent example” of the Court doing just that was Roe v. Wade.
In her lecture, Ginsburg warned that the ruling in Roe v. Wade went too far. Instead of simply declaring the Texas law criminalizing abortion unconstitutional, the decision created a set of rules that “displaced virtually every state law then in force.”
Ginsburg noted that in subsequent decisions where the Court struck down state and federal laws differentiating on the basis of sex, the Court did not create a “new philosophy of law” and imposed it immediately on the entire nation. Instead, the Court “opened a dialogue with the political branches of government.”
But that’s not what the Court did with Roe v. Wade.
Instead, the Court took it out of the hands of lawmakers and imposed a new legal philosophy on the country in one fell swoop.
If Alito’s draft opinion ends up becoming the ruling of the Supreme Court, it would effectively reverse what Ginsburg described as a “new philosophy of law” that was imposed on the entire country. It would, instead, deal with abortion the same way the subsequent Court decisions dealt with laws differentiating on the basis of sex, by opening a “dialogue” with the state legislatures.
The media and Democrat politicians are claiming that overturning the Roe v. Wade decision will make abortion illegal. However, that is not the case. Ruling in favor of Dobbs would not “overturn abortion;” instead, it would overturn a Supreme Court decision even Ruth Bader Ginsburg warned went too far out on a limb.
Overturning Roe v. Wade would place abortion back into the hands of state legislatures, something Ginsburg believed should have happened from the start.