It’s difficult to imagine a group of intelligent men more in the dark about the consequences of their actions. It only reinforces my conviction that Roe is not only bad law: It’s an embarrassment to American law, which makes the way that Roe has come to dominate our public life especially grotesque.
In nominating Harriet Miers, someone who has been very visible, publicly trying to keep the ABA from endorsing Roe v. Wade, President Bush has obviously decided that the time has come for a public debate. And that’s a healthy thing for the country: Expose how this case has been misinterpreted and misused.
So, instead of turning the confirmation process into the theater-of-the-absurd, let’s hope the truth will come out. And maybe some of the senators will see, as much of the public is beginning to see, that Roe is a misbegotten, badly reasoned decision that we are better off without.
For further reading and information:
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David G. Savage, “Roe Ruling: More Than Its Author Intended,” Los Angeles Times, 14 September 2005.
Benjamin Wittes, “Letting Go of Roe,” The Atlantic Monthly, January/February 2005.
Benjamin Wittes, “The Hapless Toad,” The Atlantic Monthly, May 2005.
Fred Barbash, Peter Baker, and Michael Fletcher, “Bush Names Harriet Miers to Supreme Court,” Washington Post, 3 October 2005.