RBG admitted that Roe was based under bad law stating that privacy was a really dumb argument and that other cases using equal protection should have been used. Of course she made no effort to bring any challenges to Roe to the SC to reinforce a better argument because a better argument would have negated the democratic dog whistle.
That’s because even “equal protection” would have fallen flat under judicial review. The Warren court was a travesty on the judiciary and set the “precedent” we see today for lower courts claiming supremacy to the executive branch.
RBG admitted that Roe was based under bad law stating that privacy was a really dumb argument and that other cases using equal protection should have been used. Of course she made no effort to bring any challenges to Roe to the SC to reinforce a better argument because a better argument would have negated the democratic dog whistle.
That’s because even “equal protection” would have fallen flat under judicial review. The Warren court was a travesty on the judiciary and set the “precedent” we see today for lower courts claiming supremacy to the executive branch.