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MJR's avatar

Great sum up of the "Impending Crisis"-to borrow Potter's phrase (still the best book on the subject). I think the interesting parallel is the political realignment happening in this post Trump world (better to call it post Cold War I think). Very similar to Wilmot Proviso (again, Potter makes it a clear inflection point) when current political parties were useless to reflect will of people. Seemingly, out of nowhere (or so it seemed on that summer evening), congressmen voted by state and not party (to the detriment of Democrats and ultimate demise of Whigs). This realignment is so unique and still so many are completely blind to it thinking they can wish back for some fantasy of a mythical bar with Reagan and Tip O'Neill backslapping each other as they compromised.

Would like to see "public intellectuals" who never shut up about Aristotle, Machiavelli, Tocqueville, etc. applying to our political discourse (amateur and think tank Political theorists alike. There is no difference) to maybe Google an historian like David Potter or the Wilmot Proviso and get some real perspective on today's politics outside some grandiose political theory.

Again, it would help if historians would get their academic uniforms dirty instead of writing about "Dressmaking, race, and gender roles of the 1850s" rather than dealing with a war that destroyed our country for generations.

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DCLawyer68's avatar

Your conclusion that a reversal of Roe would be akin to the Court's decision in Dred Scott is actually entirely backwards. Like Dred Scott, the Roe court took a political issue out of the political sphere and imposed a settlement (the trimester system) via a judicial fiat that finds almost no support today among Con Law scholars (most will say they support the conclusion that abortion is a fundamental right, but Roe's legal reasoning has been long abandoned even by the Court itself). Like Dred Scott, Roe failed to settle the dispute, but inflamed politics. If it is formally reversed states will once again be able to make their own laws. You may or may not like that, but your statement that "an expectation held even longer—that the states can write their own laws on abortion—will almost certainly come under attack" is actually precisely the opposite of what would happen if Dobbs reverses Roe. Of course, an attempt to impose a national solution would stop that, but that's equally true if Congress enacts Roe as a national law as is now being debated.

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