They could or could not have been taking part in the music “The World Turned Upside Down” when Lord Charles Cornwallis’s troops surrendered to Gen. George Washington at Yorktown in 1781, however there’s good cause to sing it now.
Progressives inform us that it’s a violation of “democracy” to permit state legislators and governors elected by voters to resolve regulate or criminalize abortion. “Democracy,” on this view, requires such selections to be made by 9 unelected judges.
Progressives inform us that “democracy” requires “content moderation” — censorship, in plain English — of all communications over prevalent social media platforms comparable to Twitter and Facebook. Free speech, on this view, violates “democracy” except “content moderators,” or censors, who’re primarily from the progressive Left, resolve what can and can’t be communicated.
Things haven’t fairly change into an Orwellian dystopia wherein “democracy” solely requires an settlement that two plus two is 5. But we now have gotten to the purpose that speech thought-about offensive have to be referred to as violence, and “mostly peaceful,” or violent, protests have to be thought to be speech.
Progressives have additionally moved to suppress data previously thought-about helpful however now stigmatized for producing politically incorrect outcomes. College and graduate college admissions places of work are dropping standardized assessments, and felony expenses for stealing items underneath some quantity — $950 in California — are barred.
Those who invoke “democracy” usually do it to justify one thing like its reverse.
The justification for turning the world the other way up varies. Those claiming that “democracy” requires few or no restrictions on abortion have the excuse that the Supreme Court 49 years in the past plucked out of skinny air (relatively than any clause of the Constitution) a proper to abortion and has reasserted it ever since.
Advocates have been unembarrassed by liberal students’ devastating criticism of this Roe v. Wade choice, going again to John Hart Ely in 1973, who wrote that Roe “is not constitutional law” and “gives almost no sense of an obligation to try to be” and to Ruth Bader Ginsburg in 1985, who wrote, “The Court ventured too far in the change it ordered and presented an incomplete justification for its action.”
Amid the entire lamentations of Justice Samuel Alito’s leaked draft opinion purporting to reverse Roe, you’ll search in useless for full-throated defenses or celebrations of the reasoning of Justice Harry Blackmun’s opinion.
My view is that it owes a lot to the truth that of all of the 115 Supreme Court justices in historical past, Blackmun spent most of his pre-judicial profession as a lawyer for medical doctors, who, after all, had been the folks prosecuted underneath felony abortion legal guidelines.
The progressives arguing for social media censorship (“content moderation”) should search again additional in historical past for judicial sanction — again, maybe, to Justice Oliver Wendell Holmes’s analogy of shouting “fire” in a crowded theater in a collection of circumstances, a few of which upheld the Wilson administration’s felony prosecutions of peaceable protesters towards World War I.