‘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.
Blaska Policy Werkes 
Facts matter? Give me a break……… who counts the votes and who certifies fraud?
Facts do NOT matter. Lesson 1
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Whenever I want a truthful, non-partisan opinion Lindsay Graham is the first person I turn to. The non-partisan republican in charge of the “Russian Criminal Conspiracy” investigation Robert Mueller believed crimes were committed, in fact 34 people were indicted, with 8 convictions(later pardoned by the president). Even the Bi-Partisan Senate Intelligence Committee found evidence of Russian Collusion.
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Sorry. Perhaps you can explain why Dearest Lindsay…..kept from the public, until today, testimony that destroyed the Dim narrative that was used as “evidence” during the first impeachment trial? As noted by John Solomon on the Lou Dobbs program tonight, Lindsay is a despicable character. IMO, he is a backstabbing, phony puke. That said, Trump, himself, is to blame for failing to keep exculpatory documents from the public for years. The idiot should have exposed Brennan, Clapper, Comey, Hillary, Lynch and Fiona Hill by releasing their pro-Hunter, anti-Trump emails. Yes, the emails that are the property of the people of the United States of America.
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This is a stain on the country. That a federal law enforcement agency that belongs to US was used in this manner is revolting.
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allowed themselves to be used. Co-conspirators. If Comey, Strozk, Page, Ohr et al are not indicted …
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“That said, Trump, himself, is to blame for failing to keep exculpatory documents from the public for years.”
Agreed. He really dropped the ball on this one.
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Lindsay Graham stuck with Trump as long as he could without getting the stink all over him. Yes, I wish he had released them sooner but it may not have been entirely up to him. That is, may have had to run it through other agencies.
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What else is new…. today’s headlines are more of same. DOJ walked back their ridiculous, hysterical story about planned abductions at Capitol. They admit they have zero evidence of this inflammatory story they were pushing out days ago. Yet the wise old Blanka himself still has that garbage story, discredited already by the DOJ themselves, posted on this very blog. You keep falling for it again and and again!
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Was Old Joe briefed? Anyone going to ask him?
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Who beliefes anything Croked Lindsay Graham says about anything? Je is one of the most corrupt and hypocritical lawmakers in Washington.
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