"Why is there not more pro-choice criticism of Roe, and of its varying and various rationales? The lack of such commentary is odder than it might first seem. The liberal adjudicated victories of the Warren and Burger Courts, with the one exception of Roe, generated massive amounts of critical commentary from theorists purporting to speak for the interests of the victorious parties in those cases and the communities they roughly represented. Brown v. Board of Education, to take the most iconic example, has generated a burgeoning cottage industry of critique, eventually coalescing in the creation of an entire scholarly movement—critical race theory—that was rigorously critical, on left-wing and racial-justice grounds, of that decision’s liberal, rights-expansive, and integrationist ideals. Thus, according to its progressive critics, Brown hid the massive problems of underfunded public education under the false covering of a legally reformed and racially fair integrationist ideal, and articulated an account of de jure segregation as the evil to be addressed by civil rights law that left an insidious pattern of de facto segregation both intact and legitimated. It birthed an entire ideology of “color blindness” that did little but undercut serious attempts at redistributive racial justice, including affirmative action programs in employment and education both. Brown lent a veneer of fairness to purportedly meritocratic hierarchic orderings that result from individual and state decisionmaking and that continue to subordinate poor people. It relied on a cramped and ungenerous vision of “rights” and “integration” that both truncated rather than generated political progress on these and other progressive causes. All of this, again, stems from the champions of racial justice, not antagonists. Other less revered but nevertheless substantial Warren, Burger, and Rehnquist Court progressive victories also have prompted scathing critiques by progressive legal scholars. Miranda v. Arizona prompted worry as well as celebration among advocates for the interests of criminal defendants: the right the Court created might constitute a triumph for nothing but a formalistic and legitimating conception of interrogatory justice, setting back, rather than advancing, the cause of respectful and noncoercive treatment of criminal defendants. Likewise, the more recent Lawrence v. Texas decision prompted plenty of accolades but also its share of criticism from equality-minded legal scholars. In elevating sex into the realm of those aspects of life and identity so highly regarded as to be worthy of constitutional protection, some argued, it might further burden the work of protecting vulnerable people against sexual harassment and assault."