I'm with @espinsegall on this. The pro-choice majority's outrage will elect a Congress and President ready to enact national abortion access legislation, along with a provision removing courts' jurisdiction to review. De-judicialization would be good for the country. 1/ https://twitter.com/espinsegall/status/1252222156475424768

The judicialization of abortion policy has been a failure. It has led to the worst sort of single-issue politics on the right. It has debilitated liberalism by splitting off a lot of religious and working-class voters who would otherwise be attracted to redistributive policy. 2/

It cannot be stressed enough that abortion access mandates by judges have a very different meaning for people than legislative decisions that obtain the same result. Legislative decisions can always be revisited. Courts tell you that abortion is a "right". And rights-talk ... 3/

... by judges, as @JeremyJWaldron argued so well back in his book Law and Disagreement, debases issues of principle, reframes them as quarrels ruled by legal “scholasticism,” and, most importantly ... 4/

... denies people their “right to participate on equal terms in social decisions on issues of high principle and not just interstitial matters of social and economic policy.” 5/

I am for broader de-judicialization of politics. Article forthcoming in December in NYU Law Review on how to achieve that. Draft on SSRN soon. /end