Expansion of remarks (at a Heritage Foundation symposium on May 22, 1995 by Ronald D. Rotunda) by Albert E. Jenner Professor of Law, University of Illinois College of Law.
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The heated abortion debate overshadows the more fundamental issue, which is all about judicial interpretation. While originalists have no need to indulge in “verbal smokescreens,” those who take a more dynamic approach to constitutional interpretation cannot survive without them.
Roe v. Wade, which ranks up there with Dred Scott and Plessy v. Ferguson as the greatest abominations in the Supreme Court’s history, has hopefully had its last anniversary. In an irony that’s hard to surpass, its supporters are complaining today about how the Supreme Court has become “politicized.” They have no one to blame but themselves.