To which many of the Court’s closest observers would say, “What took so long?”
For more than a decade, the Court has issued narrow rulings, decided by slim majorities, that align with Republican political goals. Five Justices unleashed dark money in politics. They gutted the Voting Rights Act. They pulled the rug out from under public-sector unions. In that sense, Dobbs—the decision overturning Roe—is part of a larger trend.
But the American public is right to see Dobbs as different. Not just because of the decision’s impact, or the outrage it’s caused. More than a radical opinion, Dobbs represents a radical new approach to interpreting the Constitution. If left unchecked, the justices’ decision could mark not just the end of Roe, but the upending of America’s system of checks and balances. [Continue reading…]