The Supreme Court Finally Corrects Its Roe v. Wade Error
June 24, 2022 9:12pm
In a 6 - 3 decision released today, the U.S. Supreme Court used Dobbs v. Jackson Women's Health Organization to finally correct the egregious error it made 49 years ago.
Pro-life Republicans are jubilant. Meanwhile, pro-abortion Democrats are outraged over this ruling and have pledged to make it legal nationwide to kill children in the womb.
But whether you are pro-life or pro-abortion is legally irrelevant. Roe v. Wade was a terrible decision because it is not a constitutional issue. The courts previously fabricated a connection out of whole cloth. The court of original jurisdiction in Texas should have dismissed the case in 1970 and left the issue to the states where it constitutionally belongs.
The federal government has ZERO say in the matter. That's why Roe was inherently flawed from the beginning and why the high court corrected its error via Dobbs.
Many Democrats have decried today's ruling as theocratic authoritarianism. But the Dobbs decision has NOTHING to do with separation of church and state. It is ONE HUNDRED PERCENT about separation of federal and state powers. Hopefully, it signals the high court's return to honoring the plain federalist text of our Constitution.
The battle between life and death for the pre-born will now move to state legislatures where being pro-life or pro-choice will matter as states craft their own abortion laws. It is in the state capitols where the moral, social, and scientific arguments need to be made before the STATE legislatures and STATE courts, which are the constitutionally appropriate venues where abortion laws should be created.
With the Dobbs decision, the federal government should finally out of the equation on the issue of abortion. But that is not happening. Some Republicans have promised Congressional action to outlaw abortion nationwide, and some Democrats have promised to mandate unrestricted access to abortion-on-demand for any reason and at any point in a pregnancy.
But Congress CANNOT codify abortion into law. The federal government has ZERO say in the matter. That's why Roe was inherently flawed from the beginning and why the high court corrected its error via Dobbs. Absent a constitutional amendment, Congress may neither outlaw nor require the availability of abortion services in any state.
What is disgraceful about the Dobbs decision is that all three Democrat-appointed justices on the high court (Breyer, Sotomayor, and Kagan) won't allow the plain text of our Constitution to get in the way of their radical judicial activism. Those three Leftists found a “right to abortion" where it doesn't exist. And just yesterday in New York State Rifle & Pistol Association Inc. v. Bruen said that "the Right of the People to keep and bear arms" was not a Right of the people to keep and bear arms. It's disgraceful.
All the people who are upset by today's Dobbs decision are also a disgrace - not just because they support killing babies in the womb, but because they disrespect the Constitution of the United States.
While I am able to set aside personal political preferences to analyze our Constitution objectively, I know most people cannot. They simply "feel" as they do with no basis in fact, history, or law. And that does present a political problem. The Dobbs decision, while constitutionally correct, will certainly harm Republicans in the November elections. But that is not the concern of a legitimate court. The Supreme Court ruled properly.