...will lessen your skepticism, Stanya. Bork gives Judge Alito his support.
He notes that "overturning Roe v. Wade should be the sine qua non of a respectable jurisprudence." This is not because abortion is the issue. It is because that opinion represents above all others the overreaching of the federal judiciary to legislate from the bench, constitutionalize issues, and create rights not mentioned in the Constitution.
Bork also observes that the abortion issue is so contentious in the United States because of Roe. If the issue were to be handled democratically, there would be a more civil debate and compromise, recognizing the ability to learn from mistaken policy, convince fellow citizens, and make gains in the future.
