
‘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.
” It’s not our job to characterize events with the same words that (oppositional) political campaigns or others (than ourselves) with agendas might use. Rather, we aim to accurately and fairly report what we see (as the truth) ….”, —IN OTHER NEWS — Today marks the 120th anniversary of the “Galveston Hurricane”, what many refer to as “The Deadliest Natural Disaster In U.S. History”. We would like to point out its history as a “mostly peaceful” storm, previously passing over many islands with minimal damage. ONLY when confronted with the Texas coastline did the situation escalate. Even with a path of death (8,000+, 6 in WI) and destruction from Texas to Canada, many parts of the continent were totally unscathed. —Lib News Sept 8-13,1900
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They’re so full of s**t. Playing innocent, as if they’re real journalists or something.
The Wall Street Journal (mentioned in Steve’s blog post) is one of the few news pubs I read anymore.Whenever I see one of the rags with their “Trump is bad” headlines, I just ignore because it’s become noise and nothing more.
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1872 Lewis Carroll:
“When I use a word,” Humpty Dumpty said, in a rather a scornful tone, “it means just what I choose it to mean − neither more nor less.”
“The question is,” said Alice, “whether you can make words mean so many different things.”
“The question is,” said Humpty Dumpty, “which is to be master − that’s all.”
2020 Milwaukee Journal Sentinel:
Shut up! We have Masters!
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imagine the characterization had the activists been KKK — or SDS?
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