Abortion / Government Watch / Politics

So, Roe is Gone

Roe

So, Roe is gone. It is official. Dobbs v. Jackson is law of the land. Net-net, this is a good thing for America. The Constitution does not mandate States permit abortion. The Supreme Court returned that question – as pre-1973 – to the States. People can decide to support, or not to support, abortion. People who disagree can freely travel or can move. This is as it should be. So, what comes next?

In sum, Dobbs corrected a longstanding legal or jurisprudential error. The Roe case, while precedent for 50 years, was gradually eroded, like a rockfall in a river, by the strong current of constitutional law.  

In a series of cases, the reach of Roe – breadth of the imputed abortion right – was slowly narrowed. Cases included Webster (1989), Casey (1991), Steinberg (2000), Gonzales (2003), Box (2016), and Dobbs (2021).  Dobbs just did what many thought should have occurred far earlier. It ended the legal fiction.  

In America, justices of the Supreme Court are empowered only to interpret law. They are not empowered to import or invoke political or personal bias, indulge their imaginations, invent wished-for rights, or act on a secret desire to legislate. Those are all out. Still, sometimes, they do – and did in Roe.

Looking back, Roe represents the high point of Warren Court activism, a willingness to push limits, to assert questionable jurisdiction in accord with political winds of the time. The 1960’s and 1970’s did see some rock-solid, well-grounded opinions. Many have stood time’s test. But Roe was never destined be one of those – even if liberals hoped it would. Constitutional lawyers have long known it was weak.

Roe was written by Blackmun, who himself oscillated on where the nebulous new right was, stretching both the 4th and 14th Amendments. He was joined by liberals Brennan, Marshall, Douglas, Burger, Stewart, and Powell. Opposed were future Chief Justice Rehnquist, and Justice White.

Interestingly, Rehnquist’s thoughtful dissent foreshadowed Dobbs – even 50 years. The future Chief wrote: “The Court’s sweeping invalidation of any restrictions on abortion during the first trimester is impossible to justify under that [historical] standard,” and “the conscious weighing of competing factors that the Court’s opinion apparently substitutes for the established test is far more appropriate to a legislative judgment than to a judicial one.” In the end, Blackmun “eschews the history of the Fourteenth Amendment…”

While many political liberals are unhappy with the Dobbs case, which restores pre-existing State’s rights, correcting Blackmun’s faulty logic, Dobbs is on sound footing historically, and should stand time’s test.

So, what is the political violence about? Why are President Biden and Democrats in Congress suddenly losing their minds, apoplectic, determined to undermine, delegitimize, even pack the Supreme Court?

Why is the Attorney General – arguably an impeachable offense – refusing to enforce federal laws that protect the lives of justices, thus endangering five justices’ lives and the lives of their families?

The answer has little to do with law, much to do with the Democratic Party’s turn left, quiet embrace of violence. We first saw Democrats encouraging anti-police violence in 2020. Now, the strategy reappears.

First, a narrative is pushed by politicians. Abortion advocates and the industry argue the right cannot be questioned, thus any Court reviewing Roe is illegitimate. That, of course, is nonsense. All major decisions – from our nation’s beginning – are subject to judicial review, and periodic re-review.

Second, Democrats imply non-violent norms can be suspended if they disfavor the left. Biden, Schumer, Pelosi, Clinton, others have – in recent months – implied or seeded the idea (and never opposed it) that violence would be justified if Roe were reversed. Again, that is false, flies in the face of American State, Federal, and Constitutional law. Still, they pushed the notion that violence is okay.

Now, we come to this precarious moment. Roe has been replaced by Dobbs, and we see violence fanned by Democrats around the country. This is wrong, will boomerang, is destabilizing, utterly irresponsible. 

Putting members of the independent judiciary – at any level – in fear is morally wrong and illegal, even if the AG does not enforce law. Second, Americans do not want more fear, violence, or instability – they had enough of that in 2020, compounded by defund police rhetoric and COVID restrictions. Third, violence begets violence, and that is not productive. Finally, the midterms are approaching.

Bottom line: Roe is history, Dobbs is law. States, not federal actors, will decide the future.  Abortion and restrictions on abortion are matters decided by government closest to the people, the States. Democrats will push violence, try to pack the Court, continue to harangue.

Most Americans will abide rule of law, respect Dobbs, history, and order. New services spring up to help young mothers parent, and expectations about who we are will begin to change. Millions of children will be born who might not have been, and we will welcome them. Net-net, that is good for America.

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Tom P
1 month ago

Oh, and why wasn’t it my body my choice when it came to the vaccine?

Tom P
1 month ago

Why are there so many people so anxious to kill babies? I never seen nothing like it. Ok, maybe because of rape, incest or medical reasons maybe. But these people act like the Supreme Court banned them from having 2 or 3 abortions each. Did anyone ever hear of birth control? No babies=no abortions! Duh!

Donna
1 month ago

Abortion is always murder- giving the death penalty to the innocent, who happens to be a person. Why does a nurse have to remain behind after the butcher leaves the room to put the body parts together like a puzzle to make sure the baby parts are all there? Choice? It was made at the time of conception except in rare cases of pregnancy during rape, in which case I promote adoption over abortion. My body? The baby has its own DNA and doesn’t even get blood from the mother. Right to privacy? We are photographed everywhere by cameras, followed by our smart phones, tracked every time we turn a corner by GPS, etc. Abortion is promoted by two types of people- the selfish and the ignorant.

Barb304
1 month ago

Ler’s just hope that we don’t see an uptick in illegal abortions.

George
1 month ago

I believe the offer of some woke-minded corporations to pay up to $4,000 for a woman to travel to a state that offers abortion on demand sounds like a great paid vacation offer to me. It would be interesting how many times annually a birthing person could take advantage of such an offer and what requirements need to be met before application of funding could be obtained.

Centurion
1 month ago

Before Roe the demon-communist-cRATS were decrying the lack of availability of contraception. After Roe they flushed all their birth control pills down the toilet. Looks like they are now going to cry about contraception again.

Centurion
1 month ago

Violence begets violence. The demon-communist-cRATS (Pelosi, Schumer, Waters, et. al.) had better watch their backs. Just saying.

Hal
1 month ago

Roe, roe, roe your Roe boat legally down the toilet,
Lawfully, lawfully, lawfully, lawfully,
A relook by the SCOTUS was rightfully able to foil it,
Lawfully, lawfully, lawfully, lawfully
And many darling babies will have a life to dream!

John
1 month ago

Decentralization of political, economic, social, and cultural power is as essential to freedom as centralization is to tyranny. This week’s SCOTUS decisions aren’t against democracy as the collectivist left falsely claims.

Hal
1 month ago
Reply to  John

The “left” (Communists) do NOT espouse “democracy.” However, they hide in the false image of Democracy to effect Communistic goals. They wanted a way to get votes and ofther support from the population, so they figured to weed out the baby killers for future voting and financial support. And for a time, they even got to one session of SCOTUS to help them. But the present SCOTUS has recognized the prior faulty ruling and now corrected it.

mjl
1 month ago

COMMON SENSE…you look for the core of a problem to solve it. It is the responsibility of the couple having sex to use contraception if they do not want a child. How many of these abortions have been necessary.ie: danger to mother’s life….rape..and how many due to lack of responsibility in accepting result from not using prevention methods. The abuse of children, homeless, lack of parental support is an indication of the lack of stepping up to their responsibility.

D.P.
1 month ago

It -would be nice if the media and the crazed liberals would take a breath and just examine the facts.
Fact: Roe was bad from the beginning and got worse over time…it needed to be eliminated.
Fact: Losing Roe does not end abortion…it only places the legal standard with the states, as is proper under the constitution.
Fact: Abortions will continue to happen….and that’s the sad part….while there may be fewer abortions, there will still be abortions….unborn children will continue to die….the burden of that sin rests on us all.
Fact: All the hoopla and protests and threats against pro life people and the court will continue and most likely diminish over time….until the liberals come up with more “tricks” to kill babies and satisfy the desire for death.

Hal
1 month ago
Reply to  D.P.

There are some situations IMO that abortion is proper and a right of the pregnant woman (or legal parent if the female is under legal age). The great State of Texas, among others, had sound legal and Constitutional laws pre-Roe/vs/Wade to permit some abortions under as prescribed in law. I hope they are reinstated ASAP.

Nobody’s Business
1 month ago

Can you imagine what the media and liberals would have said and done if the Supreme Court would have ruled against the gun owners in the concealed carry case from New York, and gun owners would have rioted and threatened to kill judges. They would have went totally nuts and want to throw every conservative in jail wether they protested or not. Democrats and the media are hypocrites!

John Carman
1 month ago

Agreed.!!!

Ralph S
1 month ago

ABORTION IS MURDER!! NO ONE has the right to MURDER another being.
Contraception is a CHOICE. Celibacy is a CHOICE. Breaking a law is a CHOICE.
Be prepared to accept the consequences if you choose to break the LAW.
Any DemocRAT who supports those who violate the law and/or harasses any member or family member of the Justices should also be held accountable and treated as accomplices.
The next law to change SHOULD be establishing TERM LIMITS to help control our current climate crisis known as our ever-expanding government swamp!

Ruth Pierce
1 month ago
Reply to  Ralph S

I agree with you, Ralph S. regarding abortion. It’s murder–plain and simple!! I also agree regarding term limits for congresspersons. In fact, I think it should be worded in a Constitutional Amendment. No more than 2 terms (12 years) for Senators and no more than 2 terms (4 years) for Representatives. I think most Americans would agree with this.

Seriously
1 month ago
Reply to  Ruth Pierce

Even if we had a general limit to govt service across positions of 20 Years Max (similar to a career military person) most of the current Swamp Creatures would be gone including Biden, Pelosi and MANY more! Plus this would allow for a mix of new generations to come in, while keeping stability over time. That would create a more representative govt too.

Ref
1 month ago

The insistence of the radical left is sickening. If any woman wants what they call “reproductive rights” when there are no such rights in US Constitution, she can exercise their reproductive responsibilities and obtain in many states. What SCOTUS did was absolutely right in returning authority to the States.

MariaRose
1 month ago
Reply to  Ref

Ref–are you saying that it is okay for women to not have reproductive responsibilities in certain areas of the country? I agree that the states need to address how they give rights to the people of their state, but some states definitely subclass women as behoove to men, as if they are property. That kind of classification needs addressing.

JEFFREY JONES
1 month ago

ABORTION IS MURDER…it will be totally outlawed soon!

tika
1 month ago

the left’s original argument in the ’70s was,”based on science, it’s not a person.” that’s how they won roe v wade. science has proven they are wrong on the only pillar of their position. they should have made a more ambiguous argument, or just admitted they like to kill anything/everything.

George Morgan
1 month ago

Abortion is Murder PERIOD. We live in a World of ME ME . It’s ALL about ME. How many of the Pregnancy’s were conceived in LOVE ? Or was it LUST ? Whatever Feels good, Me Me. Oops now I’m pregnant, well I/ Me Me dose not want a baby so I’ll kill the baby because Me Me doesn’t want it! Pro-Choice , I / Me Me choose to Murder a baby. Selfish, Evil, with NO responsibility for one’s actions. The Me Me ;s are Both Male AND Female….. If a pregnancy is the result of the LOVE between a Man and a Woman the results are a beautiful creation from God , a Baby to Love !

Earl Kangas
1 month ago
Reply to  George Morgan

Has EVERYBODY forgotten that abortion is only the
result of the issue, but it is not the cause of the issue.
The arguments for laws against abortion are absurd,
and so are laws favoring abortion. Why? Because
the reasons we have the fighting, marching, demonstrations,
yelling, screaming, etc. are:

  1. Has everyone forgotten about BIRTH CONTROL?
  2. The liberal media grabs the abortion issue and super hypes the abortion issue.

So what we are seeing a ton of people who are screaming against abortion, and more screamers
who are for abortion. They are both wrong because they ignore the cause of the issue.

The cause of the issue: Has everyone forgotten about birth control? There are numerous methods
of birth control available for women and men. The solution to the abortion issue is so simple, yet it
is being ignored.

It’s simple: Sex with no birth control = pregnancy and babies. Sex with birth control = no babies, and no babies = no abortions. Both sides should join forces and demonstrate and march for more
education and availability of birth control.

Stephen Russell
1 month ago

Now its Up to the states on issue as before Roe

Carol
1 month ago

The lie that abortion is a right has been revealed and the left cannot stand this! Those leftist who profited from abortion have lied to everyone since 1973 and its going to take time for these indoctrinated protestors to understand this SCOTUS ruling. Abortion is not illegal its just NOT a Constitutional right and NEVER was!!! I pray that everyone will start to converse on this issue and come to realize that there are TWO lives that need to be protected!!!

Wanda
1 month ago
Reply to  Carol

Neither is being gay or a trannie a civil right…it is a choice and everyone has the choice to be a pervert or not….but they do not deserve special privilege. This same sex marriage and the new civil rights extended to the sick people needs to go to the individual states also.

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