
‘Roe v. Wade was on a collision course with the Constitution from the day it was decided.’
Excerpts from Justice Alito’s draft decision in Dobbs v. Jackson Women’s Health Organization.
Roe found that the Constitution implicitly conferred a right to obtain an abortion, but it failed to ground its decision in text, history, or precedent.
It relied on an erroneous historical narrative; it devoted great attention to and presumably relied on matters that have no bearing on the ‘meaning of the Constitution; it disregarded the fundamental difference between the precedents on which it relied and the question before the Court; it concocted an elaborate set of rules, with different restrictions for each trimester of pregnancy, but it did not explain how this veritable code could be teased out of anything in the Constitution, the history of abortion laws, prior precedent, or any other cited source; and its most important rule (that States cannot protect fetal life prior to “viability”) was never raised by any party and has never been plausibly explained.
Overuling precedent
Some of our most important constitutional decisions have overruled prior precedents. … In Brown. v. Board of Education, the Court repudiated the “separate but equal” doctrine, which had allowed States to maintain racially segregated schools and other facilities. In so doing, the Court overruled the infamous decision in Plessy v. Ferguson, 163 U. S. 537 (1896), along with six other Supreme Court precedents that had applied the separate-but-equal rule.
Roe legislated from the bench
[Roe’s] elaborate [trimester] scheme was the Court’s own brainchild. Neither party advocated the trimester framework; nor did either party or any amicus argue that “viability” should ‘mark the point at which the scope of the abortion right and a State’s regulatory authority should be substantially transformed. … This scheme resemble[d] the work of a legislature. …
Roe certainly did not succeed in ending division on the issue of abortion. On the contrary, Roe “inflamed” a national issue that has remained bitterly divisive for the past half-century. … Indeed, in this case, 26 states expressly ask us to overrule Roe and Casey and return the issue of abortion to the people and their elected representatives.
Wondering if immigrant owned businesses on State Street were trashed by anti immigrant white folks rather than social justice warriors if the local outrage and national news attention would be different.
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The Madison police need to arrest the DA, mayor and city council for allowing, encouraging, this DESTRUCTION AND TERRORISM by their dereliction of duty to the public peace and safety. If they don’t do it, someone else is going to do so or else the City of Madison is finished.
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The reluctance of some of the owners to Condemn the mob, and in some cases, willingness to Defend it is bizarre. What could possibly cause that? (other than fear of bodily injury, more destruction, arson, “cancel culture” boycotts, etc.) Were they “That Woke”, or did they just feel so alone, so powerless, so unsupported by citizens and government alike, that they couldn’t speak out? Experts say to never run from a wild animal, it only makes them chase you. Progressives have this city in their grip, an IRON GRIP, and it will only get tighter – until you have had enough and stop it. Every day do something, anything, so they know you’re out there.
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I know one of the stores where Mr. Bullhorn came and and scared a 23 year old female employee to the point where she was seriously shaken. This did not make the news because it’s a prominent business in the community. They have not said anything because they don’t want any more bullshit in the store. This business was also endured a targeted attack in the initial riots.This business was perceived as “harboring cops”. The attack was mobilized on social media and initiated because they saw a cop go in the store and ordered food.
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Speaking of Bullhorns, the photo of the fella electronically shouting into car driven by a petite woman, tells the national story behind folks driving erratically “into” (? -or AWAY from) protesters. Just like the night “protesters” were on University avenue w-a-y past midnight, and up to no social good.
And, I suspect many State Street biz owners are reluctant to offend their uber-Lib past and future patrons.
Quite the city we have here now. Incompetent Mayor, crime blind alderpeople, wary cops, “catch-n-release” Judges, a reluctant police chief and a useless DA. Ozzane knows what politics drive the city. Hey, whatta about that School Board that allows upcoming ruffians to run their classrooms? A new “graduatin’ class o’ thugs” soon to be in their prime as 20 sumthins’….
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