[TheRealThing]

I would be interested in learning what constitution Brennan was reading when he "discovered" that the US Constitution allowed for federal control of abortion. I suspect he was an activist liberal who ignored the fact that, for 180 plus years, abortion was considered an issue reserved under the Tenth Amendment to each state.

You see, abortion was not illegal in all states prior to Roe v Wade. Roe (Norma McCorvey) could have gone to several other states, like California, to have her abortion. However, instead she got conned by a couple of anti-life liberal women lawyers and, with the support of NARAL, ACLU, NOW, and other such "funders", the assault on life moved forward.

It is interesting that, when the case reached the then liberal USSC, McCorvey was long forgotten and absent from any proceedings and that her baby was born and had been adopted.

Brennan was what one would call a "Cafeteria Catholic" just as is Sonja Sotomayor. He'll answer for that, not me.

Well, you're the constitutional law prof. but from my limited point of view, Brennan was just another activist liberal judge. Liberal activism likes to cross dress a bit, you know? It just sounds so lofty to claim near clairvoyance in employing a seer like, dog and pony show dubbed "living document" in order to emphasize the end result over the method of approach, such as in the case of originalism, which restricts interpretive latitude.

Activists always want to change the law as it exists to accommodate current social fads and views. And because Brennan as a liberal, wanted to find a way to authorize or sanction abortion under the authority of the Constitution, he found a way to do so. It isn't in the text of the Constitution, but as in the case of the theory of evolution, men with agendas start with the answer they want, and then retro-engineer the data they need in order to validate the theory. Some deem such machinations to be dishonest.