The L.A. Times tells us that Roe is a landmark ruling — and we must follow precedent, precedent, precedent:
That appalling possibility [a reversal of Roe] should trouble all the justices, but particularly Roberts. For him to overturn Roe would be to contradict his stated devotion to precedent and to turn his back on his mentor, former Chief Justice William H. Rehnquist. In Dickerson vs. the United States, which challenged whether suspects must be read their Miranda rights for their statements to be admissible in court, Rehnquist wrote for the majority in 2000 that regardless of whether justices supported the original Miranda decision, it had become “part of our national culture” and therefore deserving of protection. Roe, in the same way, created a now well-established right that would cause severe upheaval if it were overturned.
Sadly, too many conservatives attack judicial activism, then practice it.
Luckily, the L.A. Times is consistent. For example, when the Supreme Court overruled Bowers v. Hardwick in Lawrence v. Texas and struck down a law criminalizing homosexual sodomy, the paper’s editors stood for precedent. They aren’t hypocrites who invoke precedent only when it serves the liberal agenda. They stood foursquare behind the principle of stare decisis.
Oh, wait . . . they didn’t.