Bloomberg opinion piece says ending Roe v. Wade is ‘institutional suicide’ for Supreme Court

Bloomberg opinion columnist Noah Feldman declared Friday that the Supreme Court’s abortion ruling overturning Roe v. Wade was "one of the worst decisions in the court’s history" and "an act of institutional suicide."

Declaring "modern constitutional law" over, Feldman suggested in a June 24 opinion piece that Dobbs v. Jackson Women's Health Organization "repudiated the very idea that America’s highest court exists to protect people’s fundamental liberties from legislative majorities that would infringe on them." 

Not only did he declare the decision "a catastrophe for all Americans," he said it was catastrophic "for people all over the world who have built their own modern constitutional courts on the US model."

According to Feldman, "The right to an abortion was based on the principle of a living Constitution that evolves to expand liberty and equality," but now the court's opinion means "the dead hand of the past rules our constitutional future." 

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He claimed, "It is no exaggeration to say that the Dobbs decision … is an act of institutional suicide for the Supreme Court."

Feldman even went so far as to warn that a tectonic shift in America’s legal norms is just around the corner, claiming that everything, such as segregation, Miranda rights, gay marriage and contraception, that "protects liberty and equality" is at risk. 

"If you take Dobbs’s logic seriously, all the landmark decisions establishing these rights are wrong," he asserted, because the Dobbs decision "called into question the core idea that the justices follow precedent," and with that gone, "It’s open season on fundamental rights."

At the heart of Feldman's critique was the demonization of the original interpretation of the American Constitution itself, condemning the concept of "a dead, non-living Constitution." He dismissed originalism because it hasn't delivered the kind of "judicial restraint" and reading of history that he wanted. As a result, he declared, "A conservative majority with no respect for precedent could easily be the most activist court we have ever had."

After Dobbs, the Supreme Court and "the modern Constitution will never be the same," he claimed, with the ruling to "go down as one of the worst decisions in the court’s history." 

"The consequences will be disastrous — and far-reaching," he concluded. 

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Bloomberg News was one of many outlets that published fiery rhetoric about the Supreme Court's decision. The New York Times printed an opinion piece laying out plans to discipline the Supreme Court for its decision.

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Democrat Senator Elizabeth Warren offered a scathing assessment of the ruling to ABC "This Week" co-anchor Martha Raddatz on Sunday, "This court has lost legitimacy. They have burned whatever legitimacy they may still have had after their gun decision, after their voting decision, after their union decision."  

"They just took the last of it and set a torch to it," she continued. "I believe we need to get some confidence back in our court and that means we need more justices on the United States Supreme Court."