A SNOWFLAKE MELTS

I am a social liberal snowflake and a fiscal moderate. 

But I’m also a lawyer. And I suggest that Alito‘s recent opinion was, unfortunately, probably legally correct. 

I disagree in social principle of course, but social principle will not get us there. 

The ORIGINAL opinion was poorly reasoned. It rested perilously upon weak or faulty constitutional  analysis.

IRONICALLY….Roe is what the nation’s overwhelming majority wanted then - and wants now. 

We need to get there by CODIFYING these privacy rights in federal law— in FEDERAL  law—the US Code. At least in the interim. 

If we don’t, they will shut down, one-by-one, all the privacy rights gained in the past 50 years. 

The problem is it was too easy for them. Roe was in perceived contravention of a lot of constitutional interpretation principles impacting federalism and states rights. 

It was probably inevitable that, one day, it would be overturned anyway. It wasn’t that hard for them to do. It didn’t require that they really go that far outside of the lines. They didn’t even have to say they were against abortion.! All they had to do was criticize and overturn a decision that was not well done, on narrow constitutional  grounds. 

Make these privacy rights— abortion, race/marriage, birth control, sexual privacy and constitutional status of any marriage…. Make them all part of the US Code. 

Then, the court can go putz around for a decade with the aftermath of this mess. In the meantime, we’d be good.