Alan Dershowitz to Newsmax: SCOTUS Shirks ‘Judicial Restraint’ Again on Abortion

Roe v. Wade would need to be ultimately revisited, according to constitutional law expert Alan Dershowitz on Newsmax, but the five conservative Supreme Court justices “violated their own constitutional powers” by doing it in this Mississippi abortion case.

“I was also skeptical of Roe v. Wade, but this is not the case to make that decision,” Dershowitz told Saturday’s “America Right Now” host Mike Carter. “You wait until you have to make a decision overruling a prior case. That’s what judicial restraint is all about.”

Dershowitz also told Carter that the Supreme Court justices “made the decision they didn’t have to make.”

“When Mississippi sought review in the Supreme Court, they said you don’t have to overrule Roe v. Wade: The only issue is whether a ban on abortion after 15 weeks is unconstitutional,” Dershowitz said.

“What the Supreme Court did is engage in outrageous judicial activism. They reached out to decide an issue not before them. They violated their own constitutional powers. The Supreme Court has the power only to decide cases and controversies. They do not have the power to issue advisory opinions. And this is a self-inflicted wound. What we’re seeing on the streets is absolutely unnecessary.”


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