Iโm not one of those law guys who knows everything and wears a flashy belt, so forgive my stupidity. But I just donโt get it. I mean I understand the idea that something could be a โsuper precedentโ in the sense that itโs particularly powerful and particularly settled. But Arlen Specterโs fancy charts notwithstanding, it just seems hard for me to grasp how Roe could qualify. Itโs been immensely controversial. The cases which affirmed it since it first came down, I believe, have been very divided ones. Wouldnโt a real โsuper precendentโ be one that had been unanimously reaffirmed again and again for a very long time which Americans now take for granted and indeed cherish? And that legal scholars respect as soundly decided? Again, Iโm not a belt-wearing law guy, so Iโm not going to quote a bunch of cases from the 19th century which qualify for what Iโm talking about. But Roe seems the opposite of all that. Itโs fairly recent, Americans are divided, and scholars โ even liberal ones โ think itโs pretty shabby.
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About the Author
Jonah Goldberg is a National Review contributing editor.
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