Tuesday, July 10, 2018

"Repealing" Roe v. Wade

Mark Tushnet

A non-trivial number of comments on the Supreme Court going forward refer to the possibility of "repealing" Roe v. Wade. The term isn't universal, of course; there are a lot of references to "overturning" or "overruling" Roe. But the use of the term "repeal" does suggest that the idea that the Supreme Court is like a legislature whose enactments can be repealed (remember "Repeal and Replace"?) has some significant cultural purchase -- and it's a good thing it does.

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