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Saturday, May 07, 2022

What the leaked majority opinion REALLY does

 I'm seeing a lot of outrage about the leaked draft of the majority opinion overturning Roe v Wade. Much anger about destroying a "right" to abortion. But for all their screaming these people are showing us that they have NO grasp whatsoever of what they are screaming about.

Justice Alito's draft does NOT end the right to abortion. It does however articulate that the federal government has no standing in establishing such a right. The opinion is of the belief that Roe erred when it legislated into being a notion that the federal government had no constitutional basis in creating.
All that the majority opinion is arguing, if it is indeed the final say in the case at hand, is that the issue of abortion is one that per the Tenth Amendment is the sole province of the individual states. Which is exactly where it should have been given to almost fifty years ago.
So now it is going to be up to state legislators, who have been voted into office and who are beholden and accountable to their constituents (i.e. the voters), to decide if abortion will be legal in their respective states. It will NOT be a "right" whipped out of thin air by a judge or group of justices who do not answer to the people, but instead act upon their own politics.
This is a return to the balance of powers established in the original Constitution and then the Bill of Rights. Nothing more and nothing less.
This is stuff we were supposed to have learned in ninth grade civics class.
But I suppose too many politicians, and celebrities, and "useful idiots" in the streets, never paid attention to.


DefinitelyNotKITT said...

This is my very brief and terribly underwhelming restatement of a claim that was in a much longer and better written piece or radio item on how the Roe V Wade ruling was not spun out of thin air, but rather had its basis in the constitution and its amendments. Unfortunately, I don't recall the exact source. But if I had, I would have loved to have re-read it and would have linked to it here. Anyway, here I go...

The ability of people to get an abortion in Roe V Wade came from the same parts of the constitution that grant the right to privacy. Thus, it was within the purview of the Supreme Court to hand down the ruling it did for the case it had granted certori for (Roe V Wade).