Overruling Roe Would Extinguish A Judicially Created Right, But Would Restore The People's "Precious Right To Govern Themselves"

This morning I appeared on C-SPAN Washington Journal to talk about Dobbs. I was asked to explain how the Supreme Court could overrule precedent, and extinguish a judicially-created constitutional right.

This question has been used to criticize the stare decisis analysis in the draft Dobbs opinion. Sure, the Supreme Court has overruled precedents, but has (almost) always done so to expand liberty. Brown v. Board of Education, for example, (partially) overruled Plessy, but did so in the service of expanding the equal protection under the law.