26 June 2022

Roe Was Never Law

'[Y]ou had a ruling that was so galactically wrong that it had to be completely overhauled in less than 20 years. '

From Hot Air

By Andy McCarthy

If we could keep abortion out of it for a moment, then, and think of this as a straight, legal stare decisis question, you had a ruling that was so galactically wrong that it had to be completely overhauled in less than 20 years. A ruling that was so unstable that it was subject to constant regulatory and legal challenge, and thus could not reasonably be relied on. And that’s just the legal landscape, before you ever get to the court of public opinion — the cultural and political arena in which Roe/Casey was never broadly accepted and was always the target of passionate dissent by much of the country.

Roe was not law and could never be defended as such. It has thus been defended by extortion, by the mob. It still is: The Court’s opinion was not even published before the “Night of Rage” planning was under way. The Left tried to prevent the ruling from issuing by an unprecedented leak of a draft opinion, patently intended to intimidate the justices — just as the Left destroyed the judicial-confirmation process over abortion with the intent of intimidating justices. In the weeks since the leak, we have had illegal protests against which a leftist administration has refused to enforce the laws (Roe having corrupted the Justice Department the same way it corrupted the law), and finally the attempted murder of Justice Kavanaugh — an utterly predictable event incited (to borrow the Left’s promiscuous use of that word) by the likes of the Senate’s Democratic Party leader.

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