June 23, 2005

Required reading

And today, it's from Megan McCardle. Excerpt:

Now, these are smart people. They know that abortion wasn't a constitutional right until the Warren court discovered it in the emanations and penumbras of amendments that had pretty much nothing at all to say about abortion. It would be one thing if those people claimed that abortion should be a constitutional right--though such arguments often rest on muddy definitions of constitutional rights which boil down to "things I don't want to argue about"--but that isn't quite the argument I'm addressing. Rather, I'm talking about people who genuinely believe that the procedure that was used to find the right to abortion is somehow illegitimate when used to remove it. But Plessy v. Ferguson1 was constitutional doctrine for much longer than than Roe v. Wade has been. Yet none of those same people believes that Brown v. the Board of Education was an illegitimate abrogation of the constitutional right to discriminate. Only on abortion is the fact that one court has declared abortion to be a constitutional right used to argue that, therefore, another court has no right to say that it isn't, full stop, no added justification needed.

Posted by Physics Geek at June 23, 2005 12:29 PM StumbleUpon Toolbar Stumble It!