An Interesting Debate About Roe v. Wade
Legal Affairs is hosting an interesting debate entitled, "Should Liberals Stop Defending Roe?" The debate is prefaced as follows:
Roe v. Wade polarized American politics from the minute the Supreme Court issued its ruling in January 1973. But lately, the decision has come under fire from the left as well as the right, as liberal critics line up to reject the Roe majority's legal rationale and Democrats wonder if the landmark has become a political liability.Sanford Levinson and Jack M. Balkin are the debators. Jack Balkin has an interesting book on point in which he invited various legal scholars to rewrite the Roe decision. Balkin is one of my favorite lefty bloggers; he blogs at Balkinization. Levinson is a very prolific writer on all things Constitutional.
This week, the Supreme Court hears arguments in Ayotte v. Planned Parenthood, a case that seeks to limit some of Roe's flexibility. Such challenges have been frequent in recent years and, as the composition of the Supreme Court shifts to the right, they may be increasingly successful. Should the left stop defending Roe?
