The Guardian has a piece on Roe V. Wade from Harvard's Laurence Tribe. Remember, Professor Tribe was the constitutional law professor for : Barack Obama, Ted Cruz, Justice Elena Kagan, and Chief Justice John Roberts. Professor Tribe is not happy with Yale Law School Professor Akhil Amar:
The argument that “only” abortion is involved because Alito’s draft assures readers that the supreme court’s opinion won’t be treated as precedent for anything that doesn’t involve killing an unborn human is both profoundly insulting and manifestly misleading. It insults every sentient person by minimizing the significance of commandeering the bodies and lives of half the population – and re-inserting government power into every family. And it misleads every reader of Alito’s words by suggesting that a court has the power to shape how future lawmakers and judges will build on its decisions and the reasoning underlying them. Alito’s hollow promise brings to mind similar assurances in notorious cases like Bush v Gore, is inconsistent with how the judicial process works, and wouldn’t offer any solace to anyone who might become pregnant or whose miscarriage might be treated as a crime scene for police to investigate.
There's more:
Justice Alito and Professor Amar are simply wrong: profoundly so. That so-called (and quite misleadingly labeled) “switch in time that saved the nine” was nothing like the switch that Dobbs would represent. The 1937 “switch” was no sudden politically driven turnabout but was in fact the culmination of long-simmering movements in legal and economic thought – movements that were reflected both in scholarship and in judicial opinions from the earliest days of the 20th century in places like Justice Oliver Wendell Holmes’ dissent in Lochner v New York insisting that “the 14th amendment does not enact Mr Herbert Spencer’s social statics,” movements that represented the growing conviction that the “freedom” to work at low wages and in miserable conditions was an illusion lacking both moral and legal foundations and one that simply helped perpetuate economic inequality and the exploitation of relatively powerless, not-yet-unionized workers by wealthy and powerful corporations.
Professor Tribe is concerned. You'll want to read the entire article. It appears Professor Tribe feels economic rights are the poor first cousin of all other rights in justifying his position.
