‘Misguided’ Supreme Court made a historic ‘mistake’ with abortion, Politico editor writes

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Politico suggested the Supreme Court made a "mistake" in the Dobbs abortion decision in a piece on Wednesday that compared it to "judicial errors of the past" like on eugenics, segregation and internment. 

"What happens when the Supreme Court gets it wrong?" asked Politico editor-at-large Peter Canellos. "Misguided court decisions have altered the path of the nation in sadly demonstrable ways. And the question arises again from the series of sharply divisive rulings by the current court." 

"The short answer is: Not much can be done. In the American system, an edict from the high court is almost uniquely without check or balance. When justices err, the people suffer the consequences," he wrote.

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Demonstrators gather outside the Supreme Court June 24 (Fox News Digital/Lisa Bennatan)

The piece primarily discussed the Dobbs decision from Friday that overturned the original Roe v. Wade case that legalized abortion across the United States. 

Canellos appeared to place the decision with the worst in the court's history: "Taken together, the judicial errors of the past paint a tragic, almost mournful, picture of the court’s role in American history. Eugenics. Forced sterilization. Racial segregation. Internment for citizens based on ancestry."

He specifically criticized comparisons pro-life activists made to the Plessy v. Ferguson decision that was later overturned by Brown v. Board of Education.

"Today’s supporters of the court’s decision to overrule Roe v. Wade invite comparisons with the saga of Plessy and Brown, as a way of showing that justices must follow their consciences over legal precedent. But the comparisons also reveal the vast distance in spirit between the Brown decision and that in Dobbs v. Jackson Women’s Health," Canellos wrote. 

FILE - In this March 21, 2021, file photo people view the Supreme Court building from behind security fencing on Capitol Hill in Washington after portions of an outer perimeter of fencing were removed overnight to allow public access.. (AP Photo/Patrick Semansky, File)

He added, "While the Brown court recognized the potential disturbance to the county and spoke with one voice, the Dobbs majority couldn’t resist overturning abortion rights by a one-vote margin, all but challenging future justices to undo their work."

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Politico also appeared to alter the headline of its piece, originally titled "How to Undo the Supreme Court’s Mistakes." The title was later changed to "When the Supreme Court Makes a Mistake." The original title can still be seen on Politico’s Twitter account.

"The history of the Supreme Court is replete with outrages and abominations, but they can be tough to overcome," Politico tweeted, with a link to the article.

Politico did not respond to Fox News Digital for a comment on the change.

Regarding the Dobbs decision overturning Roe v. Wade, Canellos also emphasized that a chance to overturn it again in the future is possible though unlikely with the current makeup of the court.

The Roberts Court, April 23, 2021   Seated from left to right: Justices Samuel A. Alito, Jr. and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer and Sonia Sotomayor   Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett.   Photograph by Fred Schilling, Collection of the Supreme Court of the United States (Supreme Court of the United States)

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"The only corrective is the high court itself, as future generations reconsider once-settled doctrines. But problems often get worse before they get better, because Supreme Court errors are rarely one-offs. When a cabal of justices goes astray, they tend to keep on going. Mistake follows mistake, and the boundaries of American freedom get squeezed," Canellos wrote.