‘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 
Nice reminder.
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Step right up, folks. The election that will finally inspire all those hitherto unheard masses who are fed up with the lefty madness that has gripped Madison for lo these many years to rise up at last and usher in a new era of sweetness and light in our fair city. The one that will end in a thorough rout of Progressive Dane and Black Lives Matter. Believe that? Great, I’ve got this bridge in Brooklyn you might be interested in…..
On the other hand, if you’d like to know what it must have felt like to vote against Stalin in, say, 1938, have at it.
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I think a lot of people are burned out and tired of being offered hope, only to be let down.
I have a near perfect voting record, but frankly, I just don’t see anything that’s inspiring me to want to vote next week. I’ll vote for the lesser of the evils yet again, but I’m not fooling myself that this will be what turns Madison around.
Sorry.
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A realist doesn’t have to apologize Liberty.
Probably the only thing that could turn Madison around is if massive numbers of locals frequently read Dave’s blog and watched Fox News essential talking heads Tucker Carlson, Jesse Watters, Greg Gutfeld, Mark Levin, Judge Jeanine, Steve Hilton, and Laura Ingraham.
Think of it as deprogramming or on a more drastic level, a gradual intervention.
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Indeed, Batman. I think a lot of people recognize this and if they can, are leaving the city or planning to leave.
The insanity is not limited to Madison. Everything Progressives touch seems to break.
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“No rational man wants to live in a place where shabby politicians go unchallenged, and there is no outlet for an enlightened public opinion, and public order is at the mercy of the worst element.
H.L. Mencken
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David, Thanks for the reminder. DPI is a shoe in for the USSA candidate to win. It is just a formality at this point. $72,000 to house, feed, educate these young whipper snappers in hotels and motels for 6 months only. A family of 4 at $284,000 for asylum seekers. Now this is the latest headline, now let’s be real here, what were he expenses in the past. This cannot be a brand new policy and procedure for asylum seeking individuals. This is why ultimately the country will collapse.
no possible way it costs that much for these social services and if it does all I can say is Bring on the Comet now!
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Call me old fashioned, but citizen legislators should not be paid, full time, career something-or-others. Can’t do much about Congress, but at least the idea of full time alders could be voted down. Maybe.
On second thought, serve me an old fashioned. But not at the poll. After, yeah maybe.
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Well well well.
I am pleasantly shocked but also disappointed by tonight’s results so far.
Very sorry to see Ald. Skidmore gone — in part possibly due to nearly a year of slanderous lies and disgraceful bullying for something he didn’t do.
And Underling as State Supt is just going to be a rubber stamp for every manner of leftist B.S. that will further poison our education system. Shame!
On the other hand, strike up the band and dance a jig! The leftist nag Kemble is gone!! Woo-hoo! Myadze pulled off the stunner of the night and the City Council FINALLY gets a voice to represent ordinary family men. What a concept!
And…. Sheri Carter most deservedly won reelection, trouncing Brandi. That too was a stunner especially the large margin of defeat. I was worried certain Near West Side “we believe” lawn sign zombies would put a truly destructive and hateful force on the council but apparently Monroe St. NIMBYism actually has an up side occasionally.
And the referenda about going to a full time city council with more representatives and higher salaries was resoundingly defeated, thankfully. We have more than enough city government thank you, and with our taxes skyrocketing with reduced services (libraries shuttered for more than a year) the last thing we need is a bigger council with full time salaries so they can think up more asinine programs and projects to impose on us.
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Adam,
As a west side working class stiff, I totally agree with what you just wrote.
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re: libraries shuttered, I get your point but they have done a fantastic job with the reservation/pickup system.
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