Right now, the Supreme Court is hearing Dobbs v. Jackson Women’s Health, a case with the potential to dramatically shift the precedent created under Roe versus Wade. Sherif Girgis, former
clerk to Justice Samuel Alito, stated that:
“This is the most important Supreme Court case on abortion since Roe in 1973, and I don’t think
it’s particularly close”
The Dobbs case focuses around a Mississippi law passed in 2018 named the Gestational Age Act (GAA). GAA bans abortions in cases where the fetus is found to be 15 weeks or older. Due to this law, Jackson Women’s health, the only remaining abortion clinic in Mississippi, brought suit against the state.
Jackson Women’s Health argues that GAA is an unconstitutional law and must be struck down.
Following Roe v. Wade, abortion advocates believe state laws can’t ban abortions until the fetus
would be viable outside of the womb, which is 24-26 weeks.
As even Ruth Bader Ginsburg conceded, Roe v. Wade was a horrible Supreme Court decision. Despite leftists paying homage to Roe v. Wade as if it is some sacred document, the guidelines
put out were entirely unconstitutional. Progressive leftist judges took it upon themselves to
legislate from the bench and mandate federal requirements around abortion law.
Despite legitimate legal scholars understanding Roe v. Wade was an instance of the Supreme
Court creating legislation, Justice Sotomayor continued to argue the politics of abortion without
linking it to the constitution in today’s hearings.
“A gross minority of doctors who believe fetal pain exists before 24, 25 weeks, it’s a huge minority and one not well founded in science at all.”
This was just the beginning of Justice Sotomayor’s leftist ravings. Here is another segment from
the hearings we’ll piece apart:
“[Referring to Roe v. Wade] It’s what Casey talked about when it talked about watershed decisions. Some of them, Brown versus Board of Education it mentioned, and this one have such an entrenched set of expectations in our society that this is what the Court decided. We [the Supreme Court] won’t be able to survive if people believe that everything, including New York versus Sullivan– I could name any other set of rights, including the Second Amendment, by the way… If people actually believe that it’s all political, how will we survive?”
This is a long quote, but it possesses something central to the leftist political game: accuse the
opposing party of doing what you are doing.
Justice Sotomayor bemoans that if Roe v Wade were to be overturned, the Supreme Court would appear political. Someone must tell Justice Sotomayor that the court peaked in its political nature with the passage of Roe versus Wade, which was a purely political Supreme Court decision that created the right to abortion from whole cloth as it is impossible to find such a right in the text of the Constitution.
Another important note from Justice Sotomayor’s quote is that she compared the sanctity of abortion rights with the right to keep and bear arms. She is saying that the Supreme Court “won’t be able to survive” if people believe that their inalienable rights, like their right to an abortion or to own firearms, can be quickly removed by a political court.
Her critical failure is the belief that the right to an abortion is as constitutionally sound as the right to bear arms is. The Constitution explicitly states “the right of the people to keep and bear Arms, shall not be infringed.”
Unfortunately for Justice Sotomayor, there are no enumerated rights in the Constitution that states “the right to kill fetuses and abort babies, shall not be infringed”.
One can only hope that the Supreme Court corrects itself with Dobbs v. Jackson Women’s Health from the horrendous Roe v. Wade precedent. With three of the nine current justices being Trump appointees, Dobbs will be a clear indication of how loyal Gorsuch, Kavanaugh, and Barrett are to conservative values.
There are some signs that the court will side in favor of Mississippi’s 15 week abortion ban. Just
a month ago, Gorsuch, Kavanaugh, and Barrett all voted against a request to stop Texas’ Heart
Beat law. Texas’ abortion restriction is even more restrictive than Mississippi’s, prohibiting most
abortions after just six weeks of pregnancy. However, the Supreme Court’s vote against
stopping Texas’ Heart Beat law was close, a 5-4 decision.
With the most important legal case around abortion since Roe v. Wade being heard in front of a
majority conservative today, there is a chance to bring about justice.
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