As that possibility increased, much of the legal right discarded talk of merely returning the Court to its more minimalist roots or merely undoing such rulings as Roe. With five votes, such changes were too modest. Now the goal would be to get the justices to recognize new constitutional rights—to do precisely what conservatives had denounced liberals for doing for decades. Conservatives of course didn’t admit it would be just more judicial activism. Instead, many rebranded their aim as “judicial engagement.”
