he US supreme court’s decision to overturn Roe v Wade, ending nearly 50 years of federal protections for abortion access, was “catastrophic”. The ruling amounted to a “curtailment of women’s rights, and of their status as free and equal citizens”. The drastic decision “undermines the court’s legitimacy”, and the consequences of it will set off an “upheaval in … society”.
Taken together, the dissents written by the three liberal justices this term send a clear warning about an increasingly radical court that is abandoning long-held principles and even the facts of a case to enact an extreme conservative agenda in America. Paul Schiff Berman, a professor at George Washington University Law School, said dissenting opinions help foster “a culture of argument” around America’s laws.
In a number of instances, the liberals take issue with the majority’s presentation of the facts of a case. The liberal justices’ outrage over their conservative colleagues’ presentation of facts is evident in their dissent to Dobbs v Jackson Women’s Health, which reversed the nearly 50-year-old precedent of Roe.
“In my view, when courts interpret the second amendment, it is constitutionally proper, indeed often necessary, for them to consider the serious dangers and consequences of gun violence that lead states to regulate firearms,” Breyer writes. “It undermines the court’s legitimacy,” the liberals write. “In overruling Roe and Casey, this court betrays its guiding principles. With sorrow–for this court, but more, for the many millions of American women who have today lost a fundamental constitutional protection–we dissent.”
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