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April 30, 2015
Dear Justices: Don't pull a Roe v. Wade on same-sex marriage
Ten years ago, David Brooks wrote a rather profound column. It was in the context of a Supreme Court nomination. This is what he wrote:
Justice Harry Blackmun did more inadvertent damage to our democracy than any other 20th-century American. When he and his Supreme Court colleagues issued the Roe v. Wade decision, they set off a cycle of political viciousness and counter-viciousness that has poisoned public life ever since, and now threatens to destroy the Senate as we know it.
When Blackmun wrote the Roe decision, it took the abortion issue out of the legislatures and put it into the courts. If it had remained in the legislatures, we would have seen a series of state-by-state compromises reflecting the views of the centrist majority that's always existed on this issue. These legislative compromises wouldn't have pleased everyone, but would have been regarded as legitimate.
Instead, Blackmun and his concurring colleagues invented a right to...(Read Full Post)