Marginalia on Dobbs and Roe
The Dobbs decision has been thoroughly analyzed and discussed elsewhere. What appears here are notes jotted in the margins. Begin with the anarchic trajectory of Justice Kennedy’s “mystery passage” of thirty years ago.
Roe v. Wade invented a Constitutional right out of whole cloth. Planned Parenthood v. Casey exalted the grounds of that invention. The 1992 decision codified Justice Kennedy’s madcap dictum: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Continue Reading