A former Supreme Court clerk for Justice Harry Blackmun who worked on the jurist’s landmark majority opinion in Roe V. Wade strongly condemned the recent leak of a draft decision potentially overturning the case.
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Conservative jurists have long derided Substantive Due Process. Former Justice Antonin Scalia — a famous Roe hater who unsuccessfully fought his entire to overturn the the decision — told CNN in 2012 the Substantive Due Process “does not make any sense.”
“It’s a constitutional stew. It’s completely made up judicial activism,” said Mike Davis, a former Chief Counsel for Nominations Sen. Chuck Grassley. “Roe V. Wade was an egregiously wrong power grab, regardless of what you think about abortion.”
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Former Justice Ruth Bader Ginsburg, a ferocious champion of abortion rights, has also said the decision was flawed.
In many public remarks, Ginsburg argued an incremental approach to abortion rights would have been preferable and that the sweeping ruling in Roe ultimately ended up fueling divisions around the issue.
“Doctrinal limbs too swiftly shaped, experience teaches, may prove unstable. The most prominent example in recent decades is Roe v. Wade,” she told students at New York University Law School in 1992.
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