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Sunday, February 5, 2023

The Justices Didn’t Lie to the Senate

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The reaction to the Supreme Court’s reversal of Roe v. Wade in Dobbs v. Jackson Women’s Health has been predictably vitriolic and often full of distortions. The Justices didn’t ban abortion; they said there is no constitutional right to abortion and left it to the states to decide. The majority also did not set up other rights to disappear; they explicitly said abortion is unique.

Perhaps the most unfortunate claim is that the Justices in the Dobbs majority lied during confirmation hearings. The charge is that they suggested that Roe v. Wade was a precedent that couldn’t be overturned. Coaxed on the point on “Meet the Press” on Sunday, Rep. Alexandria Ocasio-Cortez said this is grounds for impeachment, and don’t be surprised if other Democrats pick up that cudgel.

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