Home / General / The Countermobilization Myth: <i>Perry</i> Edition

The Countermobilization Myth: Perry Edition

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You knew this was coming. One of the strangest moves of people who say that you should hope to lose in the courts because of the backlash is that people cite Roe as definitive evidence for this position that the public does not tolerate judicial intervention into controversial issues, when in fact Roe remains overwhelmingly popular.  This isn’t to say that a decision nationally legalizing same-sex marriage would be similarly popular, but that’s just because the underlying substantive position is less popular.

And, yes, this is especially amusing coming from a publication that is likely to spend the next several years urging various courts to nullify the ACA on grounds that would make the entire New Deal unconstitutional.

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