![]() ![]() Wade, Brooks argued, “set off a cycle of political viciousness and counter-viciousness that has poisoned public life ever since.” Unlike other rulings that recognized new social norms and established new constitutional rights-to interracial marriage and same-sex marriage, for instance-Roe v. “Justice Harry Blackmun did more inadvertent damage to our democracy than any other 20th-century American,” the columnist David Brooks wrote, in 2005, of the opinion’s author. Although this interpretation is not entirely borne out by the facts-more on that later-it has congealed into conventional wisdom. Ginsburg also declared herself on board with another critique of the decision: namely, that when Roe was handed down, in 1973, it short-circuited a political process whereby states had been gradually legalizing abortion on their own, and thus created the conditions for a polarizing backlash that we are still living through. “My idea of how choice should have developed was not a privacy notion, not a doctor’s-right notion, but a woman’s right to control her own destiny, to be able to make choices without a Big Brother state telling her what she can and cannot do.” Wade opinion is it’s mostly a doctor’s-rights case-a doctor’s right to prescribe what he thinks his patient needs,” Ginsburg told the legal writer and scholar Jeffrey Rosen, in 2019. ![]() “The image you get from reading the Roe v. She thought the rationale should have centered on preventing sex discrimination rather than on preserving a right to privacy. Ruth Bader Ginsburg was a staunch advocate of access to abortion but an open critic of the reasoning behind Roe. Wade may be the rare Supreme Court decision that most Americans can name, but it’s also one of the few that many volubly disparage-and not just anti-abortion activists who want to get rid of it altogether. ![]()
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