SCOTUS has, by a 6-3 vote (in a sense 5-4, because Roberts would only have upheld Dobbs), overturned Roe v Wade. This a day after the Court declared a century-old New York gun law unconstitutional. The reasoning in both these cases is, if not novel, then very dangerous. The idea seems to be that if x does not have deep historical roots, then x can’t possibly be constitutionally protected. This leads the conservative majority to an orgy of historical cherry picking. The real claim is that we as a country are necessarily slaves of the past as construed by conservatives. This is not Law as Justice; this is Law as Implacable Destiny.