[Promoting active liberty does not mean allowing the majority to run roughshod over minorities. It calls for taking special care that all groups have a chance to fully participate in society and the political process. Discussing the recent University of Michigan affirmative action cases, Justice Breyer contrasts an opinion by Clarence Thomas, arguing that the Equal Protection Clause requires government actions to be] colorblind, ... long denied full citizenship.
[Justice Ruth Bader Ginsburg had made a similar point in an April speech.] We live in an age in which the fundamental principles to which we subscribe -- liberty, equality and justice for all -- are encountering extraordinary challenges, ... But it is also an age in which we can join hands with others who hold to those principles and face similar challenges.
Reproductive choice has to be straightened out. There will never be a woman of means without choice anymore. That just seems to me so obvious. The states that changed their abortion laws before Roe are not going to change back. So we have a policy that only affects poor women, and it can never be otherwise.