Susan Collins, the moderate Republican Maine senator considered a key vote on a pending U.S. Supreme Court nominee, made a bizarre observation the other day.
Collins said she could not support a nominee who might consider overturning Roe v. Wade, the 1973 decision that legalized abortion on demand, because such a position “would indicate an activist agenda.”
Overturning Roe v. Wade would not be judicial activism. Rather, the 45-year-old decision itself fits that definition. The court majority at the time fabricated a right to privacy in the Constitution so that it could impose on this nation what it thought was a social good — the ability of a woman anywhere to terminate an unwanted pregnancy.
To return abortion policy back to the states would be a negation of activism, not an expression of it.