Great summary! I would suggest one more limitation - the Democrats have forgotten how to pass a law. They already tried to "codify" Roe and couldn't get the votes. They have depended on the judiciary for decades to implement an agenda that never could pass a vote in Congress, now imagine they have to go to all 50 states to do it. They won't because the have lost the power to persuade.
It has been incredibly successful, the shrank the audience down to a judge or a jury or the SCOTUS and convincing a few people in a trial or the SCOTUS is far easier than trying to sway millions of people who have millions of different takes on a subject. What scares them the most is that in the past week, they may be seeing the beginning of the end of judicial activism as their primary tool.
Jul 1, 2022·edited Jul 1, 2022Liked by Jeff Mockensturm
Excellent analysis and I think it mirrors today's Supreme Court ruling on the EPA. Abortion and CO2 function more as political rallying points than anything related to health care or the environment.
Great summary! I would suggest one more limitation - the Democrats have forgotten how to pass a law. They already tried to "codify" Roe and couldn't get the votes. They have depended on the judiciary for decades to implement an agenda that never could pass a vote in Congress, now imagine they have to go to all 50 states to do it. They won't because the have lost the power to persuade.
It has been incredibly successful, the shrank the audience down to a judge or a jury or the SCOTUS and convincing a few people in a trial or the SCOTUS is far easier than trying to sway millions of people who have millions of different takes on a subject. What scares them the most is that in the past week, they may be seeing the beginning of the end of judicial activism as their primary tool.
I know I'm late in reading this, but it's excellent, and explains the Dobbs decision, among other things, very well, and briefly. Thank you!
Excellent analysis and I think it mirrors today's Supreme Court ruling on the EPA. Abortion and CO2 function more as political rallying points than anything related to health care or the environment.