Bret Stephens: “Half a century is long. America is a different place, with most of its population born after Roe’s decision. And a decision to overturn Roe – which the court seems ready to do, according to a leaked majority opinion draft by Judge Samuel Alito – would do more to replicate Roe’s damage than reverse it. “
“It would be a radical choice, not a conservative one”.
“What is the conservative? It is above all the belief that abrupt and profound changes to established laws and common expectations are absolutely destructive to compliance with the law and the institutions established to uphold it, especially when such changes are instigated from above, without either democratic consensus or broad consensus. . “
“This is partly a question of stare decisis, but not only that. As conservatives, you are philosophically obligated to give considerable weight to judicial precedents, especially when they have been ratified and perfected, as was Roe in 1992 Planned Parenthood v. Casey decision – for a long time. The fact that Casey somewhat altered Roe’s original scheme, a point that Judge Alito talks about a lot in his draft opinion, doesn’t change the fact that the court has broadly supported the right to abortion. “Casey is a precedent over a precedent”, as Judge Kavanaugh rightly stated in his confirmation hearing. “