Robert Stacy McCain has an interesting article up over it is place and in it he makes a great point in response to Joe Biden’s saying that Roe was the law of the land for 50 years.
McCain comes back with the point that Plessy v Ferguson was the law of the land for 58 years, too.
And he furthers the point that I made yesterday as regards the actual wording of the Constitution:
But again, the problem is that Biden speaks of “constitutional principle” and “a fundamental right” when no such thing is to be found in the actual Constitution and when, as I say, abortion had previously been outlawed everywhere the English common law prevailed.)
(Emphasis is my own.)
As I suggested yesterday, a literal reading of the Constitution was all that was required to remove Roe. And by the way, it was also the only thing that was really required to remove Plessy.
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