Want to overturn Roe, Republicans? Get ready for what comes next.
July 3, 2018
by Charles Lane, Opinion writer
July 2, 2018
Justice Antonin Scalia did not frame his opposition to Roe v. Wade in terms of opposition to abortion per se. His complaint was that the 1973 ruling created a nationwide constitutional right to abortion, thus channeling the issue into the federal courts and away from normal political processes.
By “foreclosing all democratic outlet for the deep passions this issue arouses,” wrote Scalia, who died in 2016, in his dissent from the court’s 1992 reaffirmation of Roe, “by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of a fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish.”