Monday, February 13, 2012

Justice Ginsburg: Roe v. Wade Decision Came Too Soon - News - ABA Journal

Justice Ginsburg: Roe v. Wade Decision Came Too Soon - News - ABA Journal

Wow. Bombshell? Without diving into the abortion debate here, I find this to be an interesting point topic for a discussion of federalism and the strategy behind Supreme Court decision-making. As contentious and difficult as the gay marriage debate has been over the last ten years, part of me has been pleased to see the process working out through state legislatures, referendums, on the blogosphere, and, to some degree, in the courts. Compared to Roe, however, the gay marriage controversy has been much more democratic, which I think will be better in the long run. I mean, did Roe really satisfy anyone? Almost 40 years later, the issue is still as contentious as ever. Hopefully 40 years from now gay marriage will not still be as contentious as abortion is today. Maybe the Court should play a limited role and let the states and the lower courts work it out naturally.

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