Editor’s Note: The following is the third in a series of articles in which Mr. Yoo and Mr. Phillips will lay out a course of constitutional restoration, pointing out areas where the Supreme Court has driven the Constitution off its rails and the ways the current Court can put it back on track. The first entry is available here, the second here.
For the last half century, the Left has turned to the Supreme Court to win what it could not in the normal political process. The Court has embedded the sexual revolution into the Constitution and “found” new progressive rights for privacy and dignity, as well as protections against animus, in a document that mentions none of the above. Conservatives should not seek to overturn Roe because they are obsessed with abortion; they should demand its reversal because it represents a politicization of the Supreme Court and an abuse of the Constitution to short-circuit democracy in the service of the latest left-wing ideals of the day.Yoo and Phillips argue that the court should get out of the way of defining nebulous rights and let the people have their say in their local bodies.
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