Posted by Juan Non-Volokh:
Althouse on Brooks:
David Brooks [1]suggested that American politics will be hopelessly
bitter so long as Roe remains the law in the land. (See [2]my post
here.) Ann Althouse [3]doesn't think it's that simple:
it's not possible to redo the last 30 years. We already are where
we are, and those who think abortion should be legal have spent
these decades -- or their whole lives -- thinking abortion was not
only legal but a constitutional right. To take that right away now
would not give us a chance to have the democratic debate we never
had. It would be a wholly different experience of taking away a
right, after the bitter politics had built to the level where the
side opposed to the right has finally gotten its way, after we have
already become polarized. What makes you think that won't be
insanely bitter?
I think she makes a very good point. It is one thing to suggest that
the judicialization of controversial policy questions helped embitter
American politics. It is quite another to suggest it is possible to
reverse course. History moves ever onward.
References
1.
http://www.nytimes.com/2005/04/21/opinion/21brooks.html?ex=1271736000&en=8edce6457e9b66dc&ei=5090&partner=rssuserland&emc=rss
2. http://volokh.com/archives/archive_2005_04_17-2005_04_23.shtml#1114086330
3.
http://althouse.blogspot.com/2005/04/lets-roll-back-30-years-and-start-over.html
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