"Judges, lawyers and scholars have drawn varying lessons from that decision, with some saying that it was needlessly rash and created a culture war. "
Posted by
spamlet
Mar 26 '13, 06:57
|
That is a quote and is basically my argument.
Ginsberg says it was too much, too fast. That's all I've been saying with the analogy. Here's what she said per the article:
In Justice Ginsburg�s account, set out in public remarks and law review articles, the broad ruling in the abortion case froze activity in state legislatures, created venomous polarization and damaged the authority of the court.
�The legislatures all over the United States were moving on this question,� Justice Ginsburg said at Princeton in 2008. �The law was in a state of flux.�
�The Supreme Court�s decision was a perfect rallying point for people who disagreed with the notion that it should be a woman�s choice,� she added. �They could, instead of fighting in the trenches legislature by legislature, go after this decision by unelected judges.�
That general view is widely accepted across the political spectrum, and it might counsel caution at a moment when same-sex marriage is allowed in nine states and the District of Columbia and seems likely, judging from polls, to make further gains around the nation.
|
Responses:
- [deleted]
4
|