
‘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.
More Safety? Duh!
Want more of something? Reduce price/cost. Want more crime? Eliminate or reduce penalties.
Example: More bank robberies? Penalty for conviction to be 45 minutes of jail time. Anyone doubt that would not work?
Want less of something? Raise the price/cost. Less crime desired? OK, build more prisons and apply proven methods–like the public stocks for fame and honor. Doubt that? Well, consider WHY the libtards have created painful felonious penalties for those who own AR magazines of more than five rounds; or the penalty for failing register sale of a rife to your own brother. Or look at the penalty for shooting a wolf without a permit. BUT…killing a Bald Eagle with a wind mill?
Get Serious ! JMHO as a sentient being,
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More funds for training! Take money from social programs till we can feel safe in downtown Madison and Capital district. Till then, I ain’t going down there!
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Force liberal voters to bear the consequences of their ideology. For example, put the next Tree Lane type development smack dab in the middle of Monroe Street then watch all the “No new gunshots!” yard signs go up.
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Turn the old Dudgeon School into subsided housing and community center. That will turn that area into Goldwater conservative.
After a collective nervous breakdown and massive hypocrisy about affordable housing.
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