Failing to Overrule Roe and Casey “Would Threaten to Destroy the 40-Year Effort to Restrain the Court with the Founders’ Interpretive Principles”

Today, former Attorney General Ed Mays wrote an op-ed in the Washington Post titled “Has the Conservative Legal Movement Succeed? It All Depends on Whether the Supreme Court Overturns Roe v. Wade.”

Meese seems many of the same notes you wrote about.

First, Ro It is the central precedent that inspired the conservative legal movement.

Ro It stood for years as a prime example of the constitution’s lack of respect for the constitution’s distribution of power and an appropriate judicial role. It has been the focus of criticism from judges and legal scholars including Robert H. Burke, Alexander Bickel, William Rehnquist and Antonin Scalia. And for good reason. To them and to the legal movement they inspired, RoHis judicial supremacy misunderstood the constitution, ignored the lessons of history and encouraged unaccountable government.

veto Ro It will be the culmination of that movement.

Second, Mays regrets that the Reagan administration’s biggest legal failure was a failure to overturn the sentence Ro:

The most frustrating legal loss for the Reagan administration was our failure to persuade the Supreme Court to veto Ro. Now, unlike then, the Supreme Court has six justices who have all expressed some commitment to the interpretative principles of the founders, all of whom have been shaped by the institutions, scholarship, and renewed dialogue that the Federal Society has brought into the legal profession, indigenous and textual.

Of course, this failure extended well beyond the Reagan presidency when Justices O’Connor and Kennedy, as well as Justice Sutter, voted to reaffirm. Ro in a Casey. Mays reaffirms that the Reagan Revolution will support abolition Ro. Donald Eyre is very, very wrong.

Third, Meese wrote that he failed to veto Ro It would be a repudiation of the conservative legal movement.

But the failure to do so Ro And Casey If the question is presented directly, this indicates that the founders’ opinions cannot compete with the preferred positions of some particular interest. For a republic of laws and not a republic of men, I hope the court will ratify the promise in the Founders’ Constitution.

consequences Dobbs It extends beyond the midterms.

Fourth, Mays notes that court jurisprudence on abortion I have distorted countless areas of law, which I have indicated in the epicycles Ro.

Case law relating to subsequent abortion has exacerbated this judicial will. There is a separate “Abortion Act” RoThe book’s author, Judge Harry A. Blackmun, that this distorts or disregards the normal legal rules for maintaining constitutional abortion. With that, many other areas of law—from freedom of speech, religious freedom, and voting laws, to the mundane matters of civil procedure—were turned into proxy wars over abortion, because Ro And Casey prevent the Court from honestly confronting its lack of basis in the Constitution. In short, constitutional abortion sums up judicial supremacy because it is not based on anything else.

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Finally, Mays acknowledges that the court’s failure to overturn the verdict Ro It will have ripple effects on future law students and lawyers:

Voters who trusted judges’ public statements to interpret the law as written would have reason to doubt whether their trust was in good standing. The next generation of law students might justly ask whether it was worthwhile to stand by neutral interpretive principles when most courts allegedly bound by them, when the stakes are high enough, would set them aside. These law students will, understandably, tend to abandon this philosophy in favor of a results-focused approach only to governance.

Meese forwards the message I received from the current 3L.

For four decades, Mays has carried the mantle of movement. We should all be grateful for his leadership and guidance. I hope that the senior statesmen and women of the movement will speak soon.

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