For a number of years the Center for Regulatory Effectiveness has been a proponent of the Common Law Initiative. The Initiative has received considerably greater attention as a result of the Roe v. Wade decision. In a nutshell this Initiative provides a blueprint for a manageable review by the Congress of judge-made law and its origin is described on this page.
Professor Heinzerling, independent of CRE proposing the Common Law Initiative, sets forth a compelling argument for an intervention by Congress to address overreach by the judiciary. Whatever one’s view on Roe v. Wade, the Congress not the courts should make the final determination.