Politically it was probably best to rip the bandaid off. Roe has been poisoning the abortion debate for almost 50 years because the left didn't have to give their political opponents a seat at the table. Now they do, and that means means abortion policy will no longer be poisoned by a lack of legitimacy. Letting Roe limp along for a few more decades would have just kicked the can down the road and prolonged the agony of having abortion policy imposed by judicial fiat. Finally flushing this turd was the best move IMO.
Legally you're correct, and politics shouldn't be a factor in SCOTUS's decision making at all. The reason the Court has the legitimacy problem that Roberts is worried about is because the Warren Court decided to become a 3rd political branch to help the left win battles it couldn't have using legitimate political processes.
Politically it was probably best to rip the bandaid off
Not sure about that. Roe has been undermined by many court cases over the past 15 years, with very little pushback. As long as "Roe" was still there, people could rest content in that thought - even as it practically came to mean less and less.
I don't mean not to overturn Roe. But to uphold every single restriction, and then when it makes no difference, overturn Roe. Of course, that would be politicizing the judiciary, which is why it's bad. I think this is what Roberts wanted to do, to avoid a backlash.
The reason the Court has the legitimacy problem that Roberts is worried about is because the Warren Court decided to become a 3rd political branch to help the left win battles it couldn't have using legitimate political processes.
I'm amazed by the same people who told us that no one can challenge court decisions, because they were setting social policy that these people liked, now tell us that the court is illegitimate because it stopped setting social policy on one issue.
Politically it was probably best to rip the bandaid off. Roe has been poisoning the abortion debate for almost 50 years because the left didn't have to give their political opponents a seat at the table. Now they do, and that means means abortion policy will no longer be poisoned by a lack of legitimacy. Letting Roe limp along for a few more decades would have just kicked the can down the road and prolonged the agony of having abortion policy imposed by judicial fiat. Finally flushing this turd was the best move IMO.
Legally you're correct, and politics shouldn't be a factor in SCOTUS's decision making at all. The reason the Court has the legitimacy problem that Roberts is worried about is because the Warren Court decided to become a 3rd political branch to help the left win battles it couldn't have using legitimate political processes.
Not sure about that. Roe has been undermined by many court cases over the past 15 years, with very little pushback. As long as "Roe" was still there, people could rest content in that thought - even as it practically came to mean less and less.
I don't mean not to overturn Roe. But to uphold every single restriction, and then when it makes no difference, overturn Roe. Of course, that would be politicizing the judiciary, which is why it's bad. I think this is what Roberts wanted to do, to avoid a backlash.
I'm amazed by the same people who told us that no one can challenge court decisions, because they were setting social policy that these people liked, now tell us that the court is illegitimate because it stopped setting social policy on one issue.