Justice Ginsburg and same-sex marriage

  • Article by: New York Times Editorial
  • Updated: April 3, 2013 - 12:47 PM

With two same-sex marriage cases before the Supreme Court, numerous commentators have latched on to remarks by Justice Ruth Bader Ginsburg critical of the court's 1973 Roe v. Wade decision that legalized abortion nationwide.

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davehougApr. 3, 13 2:34 PM

which was grounded in a constitutional right to privacy that flowed naturally from a line of previous decisions - - - as I recall, THAT was a shocker to many many constitutional lawyers. That 'right to privacy' was a Supreme Court newbie.

pumiceApr. 3, 13 4:20 PM

From the article: "In 1972, Republican strategists seized upon the abortion issue to help President Richard Nixon win re-election by dividing the Democrats and winning support from Catholics and social conservatives." The architects of the Southern strategy are nothing if not consistent--divide the electorate on the basis of social issues to get them to vote against their economic interests.

ruphinaApr. 3, 13 6:34 PM

Just as RvW was a terrible decision and should be completely nullified, so would a ruling making same sex marriage a "right" be a terrible ruling. In both cases, the court is required to base Constitutionality on silly comments like "they must have been implying'. Pure BS. Griswold and every circularly "reasoned" 2+2=3 decision based on it need to be tossed, and Congress, the American people and their legislators need to argue it out and actually amend the Constitution to say what they ruled (or not). As it stands now, the Supremely Silly Court is just an appointed branch of the legislature that has assumed both veto power AN D the right to make law unapproved by ANY elected body. Bill G.

HenryRhettApr. 3, 13 7:02 PM

There are lies, and then there are damn lies. This is the latter. What happened is exactly as Judge Ginsberg describes. I am was there - I'm 58, a lawyer, and a political science major. We need to learn from what Roe v. Wade caused and allow our representative democracy to function as intended, rather than let a few guys in black robes (or as it used to be ONE guy in a robe - a King) decide. Roe v. Wade has wreaked havoc on our political system, making abortion a national issue and thus resulting in a lot of poor Presidential selections - George W. Bush, among others.

stpauloldiesApr. 3, 13 8:11 PM

The utterly moronic R v. W decision for the first time showed the supreme court for the baffoons that they are ... and still are now. Imagine the quackery and limited intelligence it must take to try to rationalize inside a tiny little brain that a baby inside the womb is not a human being with any rights at all, and that the child's mother has a right to privacy if she wants to kill it. ................... The new york times can try to re-frame and spin the backlash from this decision all they want. No surprise there. That is a propaganda publisher that paints every single thing that happens as the fault of freedom-loving non-communists everywhere, which they deem as a serious threat to communism-loving deadbeats everywhere.

ivehaditApr. 4, 13 6:33 AM

Henry Rhett == "What happened is exactly as Judge Ginsberg describes. I am was there..." Since you were 18 at the time of Roe v. Wade, your political science and legal experience were non-existent. Blackmun's decision was a stroke of genius, which is why it remains good law today. Nothing the Court could have done would have kept abortion from becoming the inflammatory issue it is.

kindaliberalApr. 4, 1311:00 AM

Meanwhile, a valid coherent LEGAl argument against same-sex marriage has yet to be made.

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