Deneen is right in reminding us of the limits of what really will be accomplished simply by overturning ROE. But it’s also true--very true--that the our souls are shaped, in part, by the law. And so it is, quite literally, demoralizing for people to be led to believe they have a right they don’t really have. ROE really was an egregious act of judicial imperialism that replaced democratic moral deliberation with that of the experts. No true populist could think its overturning would be trivial or affirm a party that has regarded the Court as its legislative arm. William Jennings Bryan would have been mad as hell about ROE.
And no one who has any respect for the true understanding of our equality and liberty under the Constitution could be indifferent to the way ROE has distorted our understanding of both constitutionalism and the purposes of political life. Abraham Lincoln would have been mad as hell about ROE. Dr. Pat is right enough about the demoralizing impact of nominating Giuliani, who has said that affirming the precedent of ROE might be compatible with judicial restraint properly understood.