OPINION: Supreme Court decision restores constitutional principles
Fox News contributor Jonathan Turley comments on historic Supreme Court decision to overturn Roe v. Wade.For 49 years, the U.S. Supreme Court has struggled to justify its decision in Roe v. Wade. But it was difficult to defend the indefensible. Even the late Justice Ruth Bader Ginsburg expressed serious misgivings. Nowhere in the text, structure, and meaning of the Constitution can a privacy right to abortion be found. It is neither explicit nor implicit.
To its credit, the majority opinion foreclosed the legitimate concerns of many who feared that this opinion would impact other valued rights. The justices made it abundantly clear in their language that this ruling applies only to abortion. Nothing in the decision affects any other rights such as contraception and same-sex marriage, which are inherently different rights derived from, and protected by, the Constitution. The predictable anger is understandable but overwrought.
By her own twisted standards, Pelosi would object to the reversal of Plessy v. Ferguson, the repugnant decision in 1896 that upheld racial segregation. It stood for a painful 58 years until the Supreme Court came to its senses and struck down its own disgraceful precedent. Would Pelosi support Dred Scott v. Sandford that upheld slavery simply because it stood as precedent? Of course not. The doctrine of precedent known as"stare decisis" is not absolute. It is good until it is not.
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