‘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 
What is the truth? Newsmax and Turley do not define the truth. Where were the facts ever litigated? In what court? Where did Sidney have an opportunity to present the evidence?
Your POV makes as much sense as those who argued Trump was wrong for saying the US Gov. was spying on his campaign. Your logic is as flawed as those who argue Hunter’s laptop is a Russian disinformation. Or, consider the letter to that effect by 100x foreign policy experts/former Dept of State officials.
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Agreed!
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Where were the facts ever litigated, no facts were ever introduced to the courts, they didn’t exist.
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David, it’s time you moved on. How about some Biden/Harris stuff?
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Agreed!
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Agreed! Beating a dead horse is tiresome. Why don’t we demand all the historians over the years who developed the consensus theory that the 1960 election was rigged for Kennedy, to recant or be arrested?
Enough is enough, DB. A cartoonishly unprepared, dismissive, incompetent new press secretary awaits your ire. Raggedy Jen sez: Circle back!
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“A cartoonishly unprepared, dismissive, incompetent new press secretary awaits your ire.”
Man, is she out of her league or what. “I’ll have to circle back” and reports of press questions having to be filtered before she sees them. She’s no Kayleigh or Sarah, that’s for sure.
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The questions are required in advance and she still is frantically paging through her binder, unable to find even the most simple info to respond, hemming and having, filling dead air with the most inane corp-biz-meeting B.S. “Let me touch base with the team on that.” “I’ll circle back with you on that.” “We’ll have to punch that up and I’ll be sure to be in touch when we know more.”
What. A. Ditz.
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Adam,
Completely agree about the new press sec. THIS is the best they could do?
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“How about some Biden/Harris stuff?”
The Gotch knows you’re an Eastwood fan, Norm; please recall what Major G. F. Devin (Peter Jason) presciently told Gunny Highway (Clint Eastwood) in Heartbreak Ridge:
“Be Careful What You Wish For, You Might Just Get It.”
But you’s got him started…
THEN: Four (4) short years ago, signing Executive Orders was the act of a Dictating TYRANT.
NOW: DementiaJoe has_signed_more_than _ALL_OF_HIS_PREDECESSORS_COMBINED, and POOF…it’s all-of-a-sudden Democracy in Action.
Oy! If the Alzheimer Ward ready moron could only figure out how to put his PEN away….
Lefty’s done a pretty good job of hiding why fewer than 2 % of the primary voters thought Kamala Harris was even marginally competent; give it time, it’s only been two (2) weeks.
Though she does think it’s a GREAT IDEA that the coal miners DementiaJoe’s sending to the unemployment line can find work seeking out ABANDONED LAND MINES
Ah Lefty; so MUCH breathtaking hypocrisy, so little time!
The Gotch
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“THEN: Four (4) short years ago, signing Executive Orders was the act of a Dictating TYRANT.
NOW: DementiaJoe has_signed_more_than _ALL_OF_HIS_PREDECESSORS_COMBINED, and POOF…it’s all-of-a-sudden Democracy in Action.”
Typical leftist hypocrisy. Or is a combination of lack of self-awareness and poor grasp of the issues?
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Those leftist snowflakes were more offended by Trump’s “mean and scary” Tweets than they are by the carnage Biden is leaving in his wake with these dictatorial orders.
Now that Trump is out of the picture, they have to find a new villain. What a group of miserable people.
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Qanon loony Marjorie Taylor Greene sure won’t let Trump go. This past weekend she tweeted that she had DT’s support, in a ploy to save her House committee chair. The Qanon congressional delegation is still courting Trumpists because this Republican faction wants votes from the Donald’s base come primary time. No, Liberty, Trump is not “out of the picture”.
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BTW Liberty, while you claim to be “self-aware”, the motivations of others seem to have escaped you.
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Looks like the “truth” is never enough. Arguments like that posed by s7 (above), trump, powell, lindell, rudy, et al get us nowhere, and only serve to expose the gullible as even more gullible.
Keep up the truth-telling, Dave. We finally agree on something.
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With all due respect, I think we all get it by now. You’re no fan of Trump’s. You think the election was fair. Many of us don’t. We’ll have to agree to disagree on this one.
We have bigger problems, including a new president that in less than two weeks has signed a historic number of executive orders (like a dictator), and not one of these that I I’ve seen is beneficial to Americans.
The Keystone order has destroyed thousands of jobs, threatens our energy independence, and puts us on track for war.
Illegals, including violent ones, are being prioritized over Americans, as are 911 masterminds.
China’s mass internment of Uighurs with reports of human rights violations has garnered nothing from Biden (hmmm, wonder why!).
Cops are about to be put on the chopping block and micromanaged.
He has a civil rights cabinet member who thinks whites are inferior and another who thinks cops are a worse domestic threat than ISIS.
And to boot, Biden has no COVID plan has he said he would.
I would think these would raise more ire than an election that’s come and gone.
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“The Keystone order has destroyed thousands of jobs, threatens our energy independence, and puts us on track for war.”
If you actually believe that, it is no wonder that you believe that the 2020 election was rigged. Gullibility on full display.
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You and your political hack allies have been advocating extreme policies that destroy American jobs. It goes back to Clinton’s NAFTA and it is disgraceful.
Then you have the gall to deny it, or mock people who lose jobs.
Dare you to cop your scoffing dismissive attitude to the face of this guy:
Or this guy:
Good luck with the 2022 midterms. Maybe John “Lurch” Kerry can tell em again to suck it up, make solar panels go learn to code, or attend university to get that coveted masters in social justice.
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Parroting your shepherds again? The reality of the situation is not what you think(if you think at all) https://www.oilsandsmagazine.com/news/2021/1/23/ten-reasons-why-keystone-xl-doesnt-matter-so-much-any-more?fbclid=IwAR0JqjwBZcRkSSQOcw-A8C6IlhIWKPgLIxeaxmANwgeyY-FDsoIKX667d5M
Just like pro-coal people, the industry and the markets know what’s going on, the sheeple following their tyrannical; overlords not so much.
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If that slick spin-propaganda article is true, why did Canadian Prime Minister Trudeau express his pointed disapproval to Biden on this action?
It says something when a US president p!sses off Canada on day 1.
Again lotsa luck in 2022 midterms.
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Adam, those stories are heartbreaking.
Thousands of good-paying jobs lost, and elitist Lurch, who depends on oil to fuel his private jet and has a net worth of about a billion, has the audacity to tell workers to just make solar panels.
With Biden, we’ve now reduced our energy independence. And unless the virtue signalers plan to start walking everywhere, stop using their cell phone & ipads (which depend on energy-guzzling servers), and give up their conveniences, we will have no choice but to become more dependent on foreign countries again for our energy needs. This means the chance of going to war has risen. Wars, by the way, are not environmentally friendly.
Solar panels put strain on the environment, too, especially in terms of habitat loss and use of toxic materials. But hey, solar “sounds” better than oil, and that’s what leftists care about: that their policies SEEM nice, not whether they’re actually meaningful policies.
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Meant to say: their computers depend on energy-guzzling servers and their cell phones are made with materials that are dependent on habitat & wildlife destruction and human exploitation.
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“You and your political hack allies have been advocating extreme policies that destroy American jobs. It goes back to Clinton’s NAFTA and it is disgraceful.”
Yup, and they hold up Obama (someone who championed TPP) as a hero.
The way leftists use workers, law enforcement, and military as political pawns is despicable.
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Let’s finally put it to rest libby. Just to make you feel better. WE stole Your election. YEP; right from under your lazy-ass nose. To bad; so sad. There is nothing you can do except carry the anger to your grave. Hire a lawyer, cuss out your wife, kick your dog; no one cares. YOU got screwed and I think it’s funny. So; do you feel better now?
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Nope. No fraud. Because a 90% reduction in rejected absentee ballots is NO BIG DEAL AND MEANS NOTHING, PEASANT TERRORIST!
Screw Wisconsin Elect-The-Democrats Board.
Blaska likes fraud. Blaska approves of fraud. Blaska got what he deserved in Madison.
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What a rare event. Someone stands up for truth and sanity!
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Trumpists are in deNile. They either need to form their own political party or head for another planet. The latter option would be pleasanter for the rational among us.
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