Supreme Court leak confirms Ruth Bader Ginsburg’s prescient warning about Roe v. Wade
Ginsburg warned against major judicial shifts in a
1992 lecture at New York University, citing Roe as an example.
“Measured motions seem to me right, in the main, for constitutional as well as common law adjudication,” she argued. “Doctrinal limbs too swiftly shaped, experience teaches, may prove unstable. The most prominent example in recent decades is Roe v. Wade.”
Ginsburg noted that Roe struck down far more than the specific Texas criminal abortion statute at issue in the case.
“Suppose the court had stopped there, rightly declaring unconstitutional the most extreme brand of law in the nation, and had not gone on, as the court did in Roe, to fashion a regime blanketing the subject, a set of rules that displaced virtually every state law then in force,” she said. “A less encompassing Roe, one that merely struck down the extreme Texas law and went no further on that day, I believe and will summarize why, might have served to reduce rather than to fuel controversy.”