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“Your own words make clear you do not really believe Roe v. Wade is settled law since the Court, as you said, ‘can always overrule its precedent.’’’ In her dramatic floor statement supporting Kavanaugh’s nomination, Collins made it clear that she also understood that his commitment to precedent was not absolute. It would give way, she explained, “in those rare circumstances where a decision is ‘grievously wrong’ or ‘deeply inconsistent with the law.’” The Court held in Dobbs that Roe was, indeed, egregiously wrong. Collins might be disappointed, but she shouldn’t feel ill-used.
Roe never deserved to be written into law in the first place. The conservative justices never said they would preserve it, and they’ve done their duty to the Constitution by finally abandoning it.
Rich Lowry is editor-inchief of the National Review.
(c) 2022 by King Features Synd., Inc.