Michael Berube's new post parodies the complaints now lodged against Roe v Wade:
Brown v. Board ... set off a cycle of political viciousness ... that has poisoned public life. . .
UPDATE: Please please give me Brooks' column for a couple of weeks! I can churn this stuff out with machinelike efficiency! Watch:
... When Warren wrote the Loving decision, it took the miscegenation issue out of the legislatures and put it into the courts. . . .
David Brooks and others forget that democracy understood simply as the workings of ordinary politics inevitably leads to oppression. In Democracy and Distrust, John Hart Ely reminded us that constitutional judges stand above the democratic fray to protect the most vulnerable among us. (Ely thought that by the 1980s, women could protect themselves through ordinary politics, but that conclusion seems premature. Ely himself believed Roe to be wrongly decided, but I rely here on Ely's fundamental principle, not on how himself would apply in it every case.)