NYTimes Editor's Blog on Justice Ginsburg's Talk at the Law School

Ginsburg’s Roe v. Wade Blind Spot
Lincoln Caplan
Taking Note: The Editorial Page Editor's Blog (NY Times)
May 13, 2013

During a “public conversation” at the University of Chicago Law School on Saturday, Justice Ruth Bader Ginsburg yet again expressed her well-known misgivings about Roe v. Wade—that the Supreme Court went “too far, too fast.”

Her interlocutor at the event, Geoffrey Stone, reported her comments in The Huffington Post. She said the court “should have held only that the Texas law before it in Roe, which prohibited abortion unless necessary to save the life of the woman, was unconstitutional, leaving for the future the question of what other restrictions on abortion might be constitutional.”

Instead, Justice Ginsburg contended, the court prevented the states from working out on their own how best to regulate abortion, short-circuiting the democratic process and provoking an angry “backlash” among conservatives and resistance to Roe that continues to this day.