Here is a way to think about Roe v. Wade and whether it is an activist decision by the Supreme Court. Think about this—was there ever a time in American history when three-fourths of the States would have ratified a constitutional amendment proposing the abortion liberty as created by the Court in Roe? Ever?
If you can't imagine 38 states ever ratifying a constitutional doctrine such as the Court's abortion jurisprudence, what does that say about whether Roe is legitimate constitutional law?
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