According to the Ezra Klein Show: “For decades now, the conservative legal movement has been on a mission to remake this nation’s laws from the bench.”
That is not an error — it is a lie.
The main focus and effort of the “conservative legal movement” — i.e., the radicals who believe that we write our laws down for a reason — has been to stop the remaking of our nation’s laws from the bench and, in some cases, to undo particularly flagrant acts of judicial lawmaking such as Roe v. Wade.
Roe usurped the power of lawmaking from the elected lawmakers; all Dobbs does is return the power of lawmaking to those elected lawmakers. Which is to say, what the conservative legal movement has accomplished here is to ensure that laws are not made or remade from the bench.
Klein’s claim is a shameful misrepresentation, and it is intellectually dishonest.