Until the Last Shreds of its Legitimacy Disappear

Constitution Sesquicentennial 1937 Issue-3c

From Justice Thomas‘s dissent in WHOLE WOMAN’S HEALTH v. HELLERSTEDT, 136 S. Ct. 1001 (2016):

“Eighty years on, the Court has come full circle. The Court has simultaneously transformed judicially created rights like the right to abortion into preferred constitutional rights, while disfavoring many of the rights actually enumerated in the Constitution… Unless the Court abides by one set of rules to adjudicate constitutional rights, it will continue reducing constitutional law to policy-driven value judgments until the last shreds of its legitimacy disappear.”

Source: http://www.supremecourt.gov/opinions/15pdf/15-274_p8k0.pdf, page 16 of the dissent

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