For political reasons, I understand why Chief Justice John Roberts had to bow to Roe v. Wade. Harriet Miers would have to honor it in the same way. And now Judge Alito is disavowing his 1985 memo denying there is a right to abortion in the Constitution. I’m all for avoiding the question for the sake of expediency, but it’s a sad day when tough legal scholars like Alito are forced to obscure the truth. I’m with Tim Carney on this one: it’s time to fight back and argue that Roe is bad law. And as ammo, we have a long and distinguished list of jurists, legal professionals, and other public figures including Ruth Bader Ginsburg, Larry Tribe, Will Saletan, Alan Dershowitz, Cass Sunstein, and Kermit Roosevelt.
