The Court is a reactive institution. You react to the controversies that are brought to the Court. Roe v. Wade, I should be very clear—I think the result was absolutely right. Texas had the most extreme law in the nation; the Court could have decided the case before it, which is how the Court usually operates. It should have said that the Texas law is unconstitutional. There was no need to declare every law in the country addressing abortion, even the most liberal, unconstitutional. That’s not the way the Court usually operates. It doesn’t take giant steps.

