Roe, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme statute before the court.
Ruth Bader Ginsburg: “Roe, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme…”
Editor's note · Context
Ginsburg critiques the Roe v. Wade decision for its judicial overreach.
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More from Ruth Bader Ginsburg
Take the worst case. Suppose Roe v. Wade is overruled, who will be affected? The only women who are genuinely affected by restrictive abortion laws are poor women, a voiceless women, and as a very sorry situation.
The legislature can make the change, can facilitate the change, as laws like the Family Medical Leave Act do but it is not something a court can decree.
Justice Ruth Bader Ginsburg famously warned that the Supreme Court's decision striking down a part of the Voting Rights Act in Shelby County v. Holder was like 'throwing away your umbrella in a rainstorm.'
Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.





