Beyond absolving the legislature of their oaths to the Constitution by putting that question entirely in an unaccountable Supreme Court, a third argument against judicial review is laid out in Thomas Paine’s Rights of Man.
History tells us that caution and patience are virtues. The Alabama law throws both to the wind, accomplishing little in practice except giving ammunition to those who seek to maintain abortion. It is a warning that we in the anti-abortion movement are ready to fight. However, I am less concerned with fighting than winning, and the Alabama ban is not how we are going to do that.
In 1875, at the tail end of Reconstruction, Congress passed a Civil Rights Act which banned racial discrimination in public amenities. It made its way to the Supreme Court, which ruled the act unconstitutional in 1886’s Civil Rights Cases...The underlying legal decision from the Civil Rights Cases remains good law, even if it has been subverted in effect. Since that underlying legal decision has become incredibly important, this is problematic."
This Friday a biopic of JRR Tolkien, author of the Lord of the Rings, will hit theaters. I am skeptical about the film, but it is hardly undeserved. Plenty of storytellers, JK Rowling, CS Lewis, George RR Martin, Stan Lee, George Lucas, have constructed fictional worlds that are remarkably insightful and immersive. But Tolkien remains in a class of his own, a genius without par.
You want to help those who need help? There are much better options than this.