"Some conservatives have nonetheless argued that Roe is wrong because the Court took a stand on a moral issue that in a democracy ought to be resolved by the political process. It is here that the second misunderstanding takes hold. That misunderstanding is that Roe reflects indefensible judicial activism. There are two reasons why this criticism is wrong. First, neither conservative opponents of Roe, nor for that matter virtually anyone else in the mainstream, takes a consistent position against judicial activism. It is true that the text of the Constitution does not mention abortion. But it it just as true that the text of the fourteenth amendment says nothing about affirmative action. Indeed, the best historical evidence indicates the fourteenth amendment’s Framers intended to make constitutionally permissible the 19th century analogs to modern affirmative action programs."