The Pro-Democracy Argument Against Roe Falters When It Meets Reality [The New York Times]
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Source: The New York Times
A significant part of the case against Roe v. Wade is that the Supreme Court was wrong to intervene in 1973 to recognize a constitutional right to abortion while the democratic process was still playing out. Better, instead, to have left the issue to the states — to voters and elected officials — who could then tailor their laws to their respective communities.Justice Samuel Alito takes note of thisin his draft opinion overruling RoeThe end of Roe, in this telling, is a victory for democracy against judgeocracy.That might be true, if Americans lived with fair and representative institutions. But they don’t. And even if they did, there’s more to democracy than just voting or the process of making a law.Which is to say that the pro-democracy argument against Roe v. Wade and the constitutional right to have an abortion falters on a few key realities. The first relates to democratic government, or the lack thereof, in the states. The second relates to the expansion of state power inherent
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