“In other words, the Court should not properly allow a past bad decision to stand. Indeed, if stare decisis were concrete, we’d still have Plessy v Ferguson on the books, and Brown v Board of Education would have deferred to Plessy.
We can speculate why the Democrats didn’t codify Roe in its 49 years of existence.
I surmise they didn't want some of their swing or red state members to go on record as supporting abortion-on-demand.
I surmise that they knew they had some anti-abortion Senators and Representatives that could not be relied on to vote en bloc.
I surmise they preferred a Sword of Damocles hang over Roe in perpetuity, so that they could agitate their base to keep voting Democrat despite countless other Party failings.”
“In other words, the Court should not properly allow a past bad decision to stand. Indeed, if stare decisis were concrete, we’d still have Plessy v Ferguson on the books, and Brown v Board of Education would have deferred to Plessy.
We can speculate why the Democrats didn’t codify Roe in its 49 years of existence.
I surmise they didn't want some of their swing or red state members to go on record as supporting abortion-on-demand.
I surmise that they knew they had some anti-abortion Senators and Representatives that could not be relied on to vote en bloc.
I surmise they preferred a Sword of Damocles hang over Roe in perpetuity, so that they could agitate their base to keep voting Democrat despite countless other Party failings.”