This dude is not a conservative. He's basically a moderate Democrat who is what passes as a "republican" in northeastern liberal academic circles. You can also find extremely cucked "conservatives" like this guy in the UK, for example. Northeastern elitist "republicans" are basically just mildly contrarian Democrats like Bill Maher.
Here is my analysis of the article since OP didn't link it.
How, conservatives fume, can anyone argue that dumping Roe and “throwing it back to the states” is “activism”?
Here’s the answer: Years of political change matter. Decades ago, abortion became accepted as a right by a broad majority of the country.
That's an idiotic argument. The US Supreme Court does not decide cases by conducting opinion polls, they decide what the correct legal result is. The fact that people 'got used to' Roe did not magically transform it into the correct legal result. There is no Constitutional right to abortion. Period. If abortion polls so well, then go ahead and use the democratic process to enact it into statutory law. Opinion polling does not constitute a Constitutional amendment.
Anti-abortion conservatives huff that the Court has regularly overturned hideous decisions, such as Dred Scott, Plessy, or Korematsu (which wasn’t really overruled but finally disavowed in a 2018 ruling). Roe, they argue, is just another bad case that was due for reversal. This is reasoning in a vacuum, as if nothing happened over the course of 50 years.
The Constitution wasn't amended in the last 50 years, so that's irrelevant. Nichols apparently thinks that opinion polling and general social acceptance ought to be given the legal status and force of a formal Constitutional amendment. lol. no.
a majority of Americans believe in a right to abortion in all or some cases
Then they can vote for it.
It’s true that abortion is not in the Constitution.
LOL at this dumbfuck invalidating his whole article.
In 1973, liberal justices decided that abortion was a right, and so ruled. In 2022, conservative justices decided that abortion not only isn’t a right, but that it shouldn’t be. But only one of these is activism?
Except that's a lie and the Court decided nothing of the kind. I guess he needs to lie to keep his paymasters at the far left Atlantic happy.
Another complaint from a "living Constitution" asshat. The idea that our rights should morph with changing fashion is a recipe for chaos and misrule, and the left knows this. Scalia was right.
This dude is not a conservative. He's basically a moderate Democrat who is what passes as a "republican" in northeastern liberal academic circles. You can also find extremely cucked "conservatives" like this guy in the UK, for example. Northeastern elitist "republicans" are basically just mildly contrarian Democrats like Bill Maher.
Here is my analysis of the article since OP didn't link it.
That's an idiotic argument. The US Supreme Court does not decide cases by conducting opinion polls, they decide what the correct legal result is. The fact that people 'got used to' Roe did not magically transform it into the correct legal result. There is no Constitutional right to abortion. Period. If abortion polls so well, then go ahead and use the democratic process to enact it into statutory law. Opinion polling does not constitute a Constitutional amendment.
The Constitution wasn't amended in the last 50 years, so that's irrelevant. Nichols apparently thinks that opinion polling and general social acceptance ought to be given the legal status and force of a formal Constitutional amendment. lol. no.
Then they can vote for it.
LOL at this dumbfuck invalidating his whole article.
Except that's a lie and the Court decided nothing of the kind. I guess he needs to lie to keep his paymasters at the far left Atlantic happy.
Another complaint from a "living Constitution" asshat. The idea that our rights should morph with changing fashion is a recipe for chaos and misrule, and the left knows this. Scalia was right.