I expect to learn that the draft we've seen is merely Alito's argument to the court, rather than a final decision; but it is interesting to see no less than the
LA Times admitting that
Roe was actually
a badly reasoned decision. "Shaky legal foundation" means that we understand why we're going to lose this thing we really care about.
1 comment:
I'm not sure I've ever heard anyone claim that Roe was well reasoned legally. Normally people refuse to acknowledge the validity of legal reasoning at all and go straight to arguing that it was good policy. There is no way to engage such people in a discussion of whether policy should be in the hands of the judiciary or the legislature. They want it in the hands of whoever is mostly likely to give them their way.
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