Why Edmund Burke Would Overrule Roe

<p>In&nbsp;<i>June Medical Services L.L.C. v. Russo</i>, Chief Justice Roberts looked to the writings of Edmund Burke to reason that the Supreme Court should retain an abortion precedent. He argued that judges should adopt “a basic humility that recognizes today’s legal issues are often not so different from the questions of yesterday.”&nbsp;But if Edmund Burke were alive today and participating in the opinion writing now at the Supreme Court of the United States in&nbsp;<i>Dobbs v. Jackson Women’s Health Organization,&nbsp;</i>he would vote to overrule&nbsp;<i>Roe v. Wade</i>. Burke is famous for recognizing the value of long-established traditions, but he was no apologist for institutional error.&nbsp;<span>This essay will argue that respect for tradition does not weigh in favor of keeping&nbsp;</span><i>Roe</i><span>. A deeper dive into Edmund Burke’s writing shows that Burke himself likely would not stay the course in&nbsp;</span><i>Roe</i><span>.</span></p> <p></p>