Dershowitz Rails Against Supreme Court’s Abortion Ruling
At issue in the opinion issued Friday was a Mississippi law banning abortion after 15 weeks of pregnancy. Dershowitz stated that the court overstepped its authority by deciding on a question that was not before the court.
“I do think the Supreme Court should never have had to reach beyond the 15 weeks. That’s what was before the Supreme Court,” Dershowitz told Sean Hannity. “Why did the Supreme Court have to jump into this and say, ‘We’re not going to decide the case before us. We’re going to ban Roe vs. Wade, overrule it, and allow states… to abolish abortion completely’? That was judicial activism, overreaching. And Sean, you oppose judicial activism.”
Dershowitz stated the court should have waited for a case in which a state banned abortion entirely.
“And then the Supreme Court could’ve overruled Roe v. Wade,” he said.
Fox News legal analyst Gregg Jarrett disagreed, stating, “There is nothing in the text or the structure or the meaning of the Constitution that gives rise to this right to privacy for an abortion. It is neither explicit nor is it implicit.”
Jarrett accused the court in 1973 of having “conjured up out of thin air this right to privacy” and noted that even landmark cases have been overturned.
“But in all those cases the Supreme Court waited until they had an actual case before it which raised the issue,” Dershowitz replied. “This case – the Mississippi case – did not raise that issue. It only raised the issue of whether a 15-week ban was constitutional. It would have been much better to decide that.”
Jarrett responded, “There is nothing wrong with being proactive and examining the basis upon which the case is being litigated–”
“It’s called judicial activism,” Dershowitz shot back.
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