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"After the leak, self-identified conservatives were... more likely to say that other people supported legal abortion..."

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"After the leak, self-identified conservatives were... more likely to say that other people supported legal abortion..."

"... although the effect was smaller than among self-identified liberals. In other words, the news that the Supreme Court appears poised to overturn Roe may have made a higher share of panel participants think that Americans want to keep those protections, regardless of what they personally think about abortion.... [T]he perception that the court's action is out of step with public opinion could embolden people on the left to protest and talk to their neighbors about the issue — which could, in turn, reinforce the perception that the court’s action is far more conservative than many Americans want. And ultimately, that could be dangerous for the Supreme Court...."

Writes Amelia Thomson-DeVeaux in "How Overturning Roe Could Change The Way Americans Think About Abortion/And the Supreme Court" (FiveThirtyEight).

Dangerous? This piece was published today. Considering what seemed like an attempt at assassination of a Supreme Court Justice last week, I would have chosen a different word.

Anyway, what Thomson-DeVeaux is talking about is what also happened after Roe was decided. A decision amplifies the voice of its opponents. What's the argument that Justices should factor in who's going to object, how strongly these people will be activated, and how the dialogue about rights will play out over time? 

Do a survey about that. I think most of us want the Justices to follow a judicial method that isn't majoritarian. And part of the judicial method is that many things are left to the majority to work out for ourselves.

In the case of abortion, the issue is whether abortion is a right, to be exercised by the individual or whether it is to be controlled by majoritarian politics. If it is not to be a right anymore, then it is left to the majority. And then why would the Court feel threatened by the majority wanting something else or — more abstrusely — by the majority believing that there's a majority that wants something else? The democratic branches of government can just legislate that right back into existence.

I think Thomson-DeVeaux has got hold of a big canard.



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