Since the ruling was handed down 40 years ago today, Roe v. Wade—which held that the constitutionally guaranteed right to privacy included a woman's right to choose to have an abortion—has been subject to an ongoing legal and political assault. This assault has not succeeded in getting the decision overturned. But it has caused the scope of the opinion to become narrower in ways that have disproportionately affected the rights of women of color, poor women, and women in isolated, rural areas. The re-election of Barack Obama might make Roe safe for the time being, but it is worth taking stock of how its meaning is being eroded and what the future battles would be.
Less than a month after Barack Obama was elected in 2008, John Brennan withdrew himself from consideration for head of the Central Intelligence Agency (CIA) because of opposition from liberals, which centered on his role as chief of staff to CIA director George Tenet when the Bush administration's arbitrary detention and torture programs were being developed. It is particularly depressing, then, that Obama has done as a safely re-elected incumbent what he felt he could not do in his first term: Nominate Brennan as head of the CIA. The fact that Brennan has been nominated despite his support for some of the worst abuses of the post-9/11 security state demonstrates the appalling extent to which many of these practices have become institutionalized, as well as the political weakness of defenders of civil liberties.
It's likely that early this year we will once again see another debt ceiling crisis, with Republicans in Congress threatening the credit of the United States in order to win unpopular policy concessions. One increasingly popular idea for getting out of this cycle of hostage-taking is for the president to mint a trillion-dollar platinum coin that would allow the federal government to meet its outlays even if Congress refuses to lift the debt ceiling to allow the executive branch to cover the expenditures is has already required.
In a recent column, George F. Will attacked Pamela Karlan's recent Harvard Law Review essay "Democracy and Disdain." Objecting to the Stanford law professor's many examples of Roberts Court conservatives reflecting disdain for the work of Congress, Will asserts that Karlan "misses the point of judicial review." Karlan, Will charges, assumes "that restraints on its power are presumptively anti-democratic." Will, however, misunderstands the point of Karlan's brilliant essay.
The Supreme Court's most recent year will be remembered primarily for one blockbuster case: NFIB v. Sebelius, in which the Court narrowly upheld the Patient Protection and Affordable Care Act (ACA). This is justified—it's hard to overstate the impact of striking down a sitting administration's crucial legislation for the first time since the New Deal. Given that assembling legislative majorities for new health-care legislation is not likely to be possible again for many years, striking down the most important domestic legislation since the Great Society would have had devastating consequences for the millions of Americans who would have been denied access to health care for the foreseeable future.