Bench Memos

NRO’s home for judicial news and analysis.

Bainbridge on Miers and Roe


Will Miers vote to overturn Roe? It’s just as important to ask why? (or why not?). As Stephen Bainbridge notes, “Roe is a symptom. In order to treat the underlying problem, a judge needs to know more than just whether she thinks abortion is good or bad. She needs a developed and thoroughly worked out constitutional philosophy.” Knowing what she thinks about abortion generally, or Roe specifically does not tell us all that much about how should be as a justice. Concludes Bainbridge, “In short, even if Harriet Miers votes to overturn Roe, she could easily still turn out to be a disaster for conservatives if she fails consistently to adhere to the triad of originalism, textualism, and traditionalism that should properly constrain judicial decision making.”


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