If The Supreme Court Whiffs On Abortion, They’ll Blow Up The Conservative Legal Movement

If The Supreme Court Whiffs On Abortion, They’ll Blow Up The Conservative Legal Movement

The Dobbs case challenging Roe v. Wade could bring grassroots conservatives back into the originalist fold, or it could ignite a civil war that would destroy the conservative legal movement.

The only honest man at the poker table is a sucker. This is why some conservatives are having doubts about originalism, the judicial philosophy developed and championed by the likes of Robert Bork, the late Justice Antonin Scalia, and current senior Justice Clarence Thomas. Originalism argues that the Constitution should be understood according to its original public meaning, and has been widely embraced on the right.

But rank-and-file conservatives are afraid their legal leadership has been exploiting them. The Dobbs v. Jackson Women’s Health Organization case, in which the Supreme Court is considering a direct challenge to Roe v. Wade and the Planned Parenthood v. Casey decision that affirmed it, could bring grassroots conservatives back into the originalist fold, or it could ignite a civil war that would destroy the conservative legal movement.

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