Dobbs Is Making Our Democracy Work

Source: The Volokh Consiracy
by Josh Blackman

Dobbs and Bruen were in tension. In Dobbs, the conservatives said that the people should decide the abortion question, while the progressives said the courts should decide the abortion question. In Bruen, the conservatives said the courts should decide the gun question, while the progressives said the people should decide the gun question. As Justice Sutton asks us, who should decide? Deep down, I hoped that Justice Breyer would be consistent on both questions: let the people decide on guns and on abortion. Such a vote pairing would have been a momentous capstone for his democratic (lowercase ‘d’) philosophy. But, instead Breyer followed his Democratic (capital ‘D’) philosophy. Breyer was so intent on saving Roe that he could not practice what he preaches: making our democracy work.” (07/28/22)

https://reason.com/volokh/2022/07/28/dobbs-is-making-our-democracy-work/