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Bench Memos

NRO’s home for judicial news and analysis.

Bainbridge on Miers and Roe



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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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