
‘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.
When are people going to stop ignorantly setting themselves up for crimes of opportunity.
Use your doors and locks for the purpose they were designed for.
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Totally agree. We need a low IQ response team.
People get it through your thick skulls – MADISON IS A SHITHOLE. We don’t have the luxury of having “bad areas”; the whole thing is rotten.
Victim blaming? No. Idiot blaming.
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As I have said before, there seems to be a propensity in the Dane County Court House for the court commissioners to exonerate people who are accused of serious crimes before they even go to trial.
Now, without having access to all the evidence that the court commissioners and the attorneys for the prosecution and the defense have, I am left to ponder the following question:
If I had more than 200 grams of cocaine and more than 200 grams of THC, (At 28 grams to an ounce that is more than just a couple of ounces.) And if I had assaulted a police officer, and if I had on my person a concealed weapon, would I be writing this from my kitchen table?
I think not.
Even if I was doing this for the person who actually committed those crimes; would I be looking at charges of aiding and abetting a criminal in the commission of crimes?
I think so.
See my comments on the Blaska’s Blog post: “Things happen and another black kid gets whacked.”
https://davidblaska.com/2021/09/09/things-happen-and-another-black-kid-gets-whacked/
Therefore I must speculate on why our court commissioners can essentially do the same?
Again, I do not have access to all the evidence, the circumstances, the events leading up to the accusation of crimes committed by persons who where exonerated of accusations before they even went to trial. I am also not an attorney nor do I play one on T.V.
Therefore I not accusing anyone of anything, to include the court commissioners I mentioned in that post. I’m just asking why?
Is there a legal beagle out there who can speculate as to why?
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It’s not a legal issue. It is a mistaken notion that expecting a particular part of society to follow the laws of that society will be harmful to them.
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David, your video footage of the daylight attempted carjacking on Hammersley Road is about 2 blocks from my (former) home. NOTE: the neighborhood on the far side of the street used to be Parade of Homes material.
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At least in this one we get to see the worthless little POS thug fall on his ass for his efforts.
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