4 ms·

> Even Ruth Bader Ginsberg argued roe v wade was a mistake because it placed abortion rights into constitutional law rather than letting democratic institutions

by dwater 4y ago

> Even Ruth Bader Ginsberg argued roe v wade was a mistake because it placed abortion rights into constitutional law rather than letting democratic institutions decide an issue like this. That's an oversimplification of a very nuanced and pragmatic view that is better explained here: "What Ruth Bader Ginsburg really said about Roe v. Wade", Washington Post https://archive.ph/jJENv https://archive.ph/jJENv It's not that she felt the rights granted by Roe were wrong to grant, she was worried that it would not be insulated from legal challenges.

esyir 4y ago
Essentially, the pro-choice group scored a tactical victory, that turned out to be a strategically vulnerable position. And in turn, the can got kicked down to our era.
ejb999 4y ago
>>she was worried that it would not be insulated from legal challenges. and she was right.
cloutchaser 4y ago
This is her: “Roe v. Wade, in contrast, invited no dialogue with legislators. Instead, it seemed entirely to remove the ball from the legislators’ court. In 1973, when Roe issued, abortion law was in a state of change across the nation. As the Supreme Court itself noted, there was a marked trend in state legislatures “toward liberalization of abortion statutes.” That movement for legislative change ran parallel to another law revision effort then underway-the change from fault to no-fault divorce regimes, a reform that swept through the state legislatures and captured all of them by the mid-1980s. No measured motion, the Roe decision left virtually no state with laws fully conforming to the Court’s delineation of abortion regulation still permissible. Around that extraordinary decision, a well-organized and vocal right-to-life movement rallied and succeeded, for a considerable time, in turning the legislative tide in the opposite direction.” This is exactly the point I made.

by dwater 4y ago

esyir 4y ago

Essentially, the pro-choice group scored a tactical victory, that turned out to be a strategically vulnerable position. And in turn, the can got kicked down to our era.

ejb999 4y ago

>>she was worried that it would not be insulated from legal challenges. and she was right.

cloutchaser 4y ago

This is her: “Roe v. Wade, in contrast, invited no dialogue with legislators. Instead, it seemed entirely to remove the ball from the legislators’ court. In 1973, when Roe issued, abortion law was in a state of change across the nation. As the Supreme Court itself noted, there was a marked trend in state legislatures “toward liberalization of abortion statutes.” That movement for legislative change ran parallel to another law revision effort then underway-the change from fault to no-fault divorce regimes, a reform that swept through the state legislatures and captured all of them by the mid-1980s. No measured motion, the Roe decision left virtually no state with laws fully conforming to the Court’s delineation of abortion regulation still permissible. Around that extraordinary decision, a well-organized and vocal right-to-life movement rallied and succeeded, for a considerable time, in turning the legislative tide in the opposite direction.” This is exactly the point I made.