I agree with Akhil Reed Amar’s constitutional assessment of Justice Samuel Alito’s opinion on abortion and Roe v. Wade (“The End of Roe v. Wade,” Review, May 14). I agree with him that Justice Harry Blackmun’s opinion in Roe was a poorly written and poorly justified decision. I also agree with him on a woman’s right to decide.
Where we differ is when he claims that rights like same-sex and interracial marriage are inherently historical rights. Although I support these rights, they are by no means inherently historical. Neither is the right to an abortion. It is a modern right. But if you take it away, following Justice Alito’s and Prof. Amar’s reasoning, then all our modern rights have to go, or the Supreme Court loses any credibility it might have left.
Modern rights are established in shaky constitutional opinions because there is nothing in our Constitution or history that argues strongly for them. They are based on trends in opinion in modern society. That’s why the judicial opinions are weak, not because the writers weren’t putting forth their best efforts.
Roe doesn’t need to go, but it could use some updating. Society either progresses to more modern ideas and rights, or we stay mired forever in inherent historical rights, which Messrs. Amar and Alito define just as poorly as Blackmun defined abortion as a right.
Michael E. Fox
Palm Desert, Calif.
This rift brings us back to the 10th Amendment. This is a states’ rights issue. In lieu of a constitutional amendment regarding abortion rights, states can bring the issue to a vote. I believe that we the people need to put abortion rights on the ballot. Let the voters of each state decide the issue in a fair and democratic fashion as dictated by the laws of our constitutional republic.
E.R. Moore
Naples, Fla.
Mr. Amar’s essay was a brilliant read and breath of fresh air. Nuance is in very short supply in this hyperpartisan, Twitter- and cable-news-driven world. His essay should be mandatory reading for the prognosticators and talking heads on both sides of this issue.
Michael F. Scott
Jersey City, N.J.
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May 21, 2022 at 02:03AM
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Modern Rights Make for an Awkward Fit With the U.S. Constitution - The Wall Street Journal
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