Document Type
Article
Publication Date
2022
Abstract
Roe v. Wade and Planned Parenthood v. Casey are no more. Like Plessy v. Ferguson before them, Roe and Casey were constitutionally and morally indefensible from the day they were decided, yet they endured for generations, becoming the foundation of a mass political movement that did all it could to prevent their overruling. Thus, like the overruling of Plessy, the overruling of Roe and Casey was by no means inevitable; it was the result of a half-century of disciplined, persistent, and prudent political, legal, and religious effort. The victory in Dobbs v. Jackson Women’s Health Organization was earned by the coalition of teachers and students, priests and parishioners, lawyers and politicians, who, through efforts as humble as parish potlucks and as prominent as federal litigation, brought about the most important legal and human rights achievement in America since Brown v. Board of Education.
Recommended Citation
J. Joel Alicea, An Originalist Victory, City J. (June 24, 2022), https://www.city-journal.org/dobbs-abortion-ruling-is-a-triumph-for-originalists.
Included in
Constitutional Law Commons, Jurisprudence Commons, Supreme Court of the United States Commons