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Bruce Ledewitz

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The Five Days In June When Values Died In American Law, Bruce Ledewitz Oct 2015

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Bruce Ledewitz

There was a particular five day period when one could see that values had died in American law. Those five days were June 24 to June 29, 1992. During those five days, the United States Supreme Court decided Lee v. Weisman and Planned Parenthood v. Casey. Every Justice on the Court joined either Justice Anthony Kennedy’s majority opinion in Lee or Justice Antonin Scalia’s dissent in Casey. In these two opinions, all of the Justices ultimately agreed that normative judgments are just human constructions. Future Justices of the Supreme Court thereafter abdicated authority to set objective standards over a wide …