Saturday, June 11, 2022

Roe v. Wade and a just society

 John Rawls’s A Theory of Justice, a landmark in political philosophy, introduces this definition:

In a just society the liberties of equal citizenship are taken as settled; the rights secured by justice are not subject to political bargaining or to the calculus of social interests.

A lot has been written since Justice Samuel Alito’s draft of a Supreme Court ruling overturning Roe v. Wade was leaked. But I keep coming back to Rawls’s sentence. Alito's argument would overturn a settled right in the interests of political bargaining, a play to the calculus of social interests.
Millions of people will see that as injustice. I wonder what, as a practical matter, it will mean when so many people see the U.S. Supreme Court as a power that dispenses injustice — a power to be resisted, rather than respected.

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