Strengthening Constitutional Self-Government

No Left Turns

Stephen L. Carter on judicial moderation and judicial statesmanship

That’s a long blog title for this relatively brief column. His bottom line advice is that Roe might more effectively be overturned bit by bit, rather than by an assault on its center. If he means by this that judges should never overreach the facts of the case before them and that they should decide only what needs to be decided in order to settle the case, I’m inclined to agree. It’s up to the legislatures (that lead and reflect public opinion) to push the "constitutional" envelope so that judges can roll back the decision.

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