Roe Is A Travesty

The prospect of overturning Roe v. Wade will be at the foreground of the battle over Justice Anthony Kennedy's replacement, and it should be.

Roe is judicially wrought social legislation pretending to the status of constitutional law. It is more adventurous than Miranda and Griswold, other watchwords of judicial activism from its era. It is as much a highhanded attempt to impose a settlement on a hotly contested political question as the abhorrent Dred Scott decision denying the rights of blacks. It is, in short, a travesty that a constitutionalist Supreme Court should excise from its body of...