Good day all. I’ve been dancing around this for a few posts, primarily looking at the leak of the draft decision on the case in question. Now, I have to get down in the mud and wallow around a bit. It’s time to look into the probable overturning of Roe verses Wade.
First, my opinion on abortion. I don’t like the idea of it. I also have a simple yet complex solution to it. Figure out a way to make it obsolete. No woman, (Screw that whole “Birthing person” crap), will have an abortion for the simple reason she will not need one or want one. Problem solved.
Of course, the details are where the devil resides. There are three basic reasons for a woman to consider an abortion. First, severe, irreparable birth defects. This is a bad situation and not something the mother wants. Now science and medicine have been working for close to a century to prevent birth defects of this nature, or fixing them. Happily, great strides have been made, but more needs to be done. I don’t see anyone complaining about fixing this reason why a woman might consider an abortion.
The second reason is the health of the mother if she gives birth. Basically, she will either be severely injured or even die if she has the baby. We have seen incidents where the mother makes the decision to go forward, has her baby and then dies. Others may decide to terminate the pregnancy. Again, modern science and medicine has made great strides in solving this issue.
Finally, the big one. A woman is pregnant and doesn’t want to be. What to do, what to do? Well first off, an ounce of prevention is worth a trip to the clinic any day, and I think most of the pro-choice side would agree. But what about failures of birth control you ask? Yep, that’s the toughie.
My first thought is to see if there might be a way to transfer the embryo from woman “A” who doesn’t want to be pregnant into woman “B” who does and wants to have a family. (But for reasons can’t) We already have surrogate mothers who are implanted with the so called “Test Tube” babies. Is it possible to do it woman to woman? I have no idea and I don’t know if it’s even being looked into. Perhaps it should be. That would solve that issue and at that point, abortion will be obsolete.
It’s just an idea and I have no clue if it’s even viable. Perhaps if all sides had invested in research instead of lawsuits, we wouldn’t even be discussing abortion today in anything but as a historical footnote. So now we come to the apparent actual decision and what it means.
From what I have seen, if, as expected Roe vs Wade is overturned, all it does is restore everything to the way it was before the Supreme Court issued the original ruling. Basically, it will be in the hands of congress, state legislatures and the local people. When R v W was first issued, many legal scholars questioned it. It smacked of the justices at the time of legislating from the bench. Even the late Ruth Bader-Ginsburg questioned the decision and she supported the “Right to choose” side of the argument.
This brings us to what is going on now. There has been no ruling issued from the court at this time. It does appear that they are ruling that Roe verses Wade is being reversed. Fox News is saying that Chief Justice John “Obamacare” Roberts opposes overturning the original decision. Here are those details from Fox News:
The five-vote majority needed in the Supreme Court to overturn Roe v. Wade and Planned Parenthood v. Casey remains intact months after Supreme Court Justice Samuel Alito’s leaked draft majority opinion was written, according to a report.
That leak needs to be plugged. The person who leaked it, if a clerk, needs to be escorted from the building and disbarred forever. If it was one of the justices, then he or she needs to be removed from the court, either through resignation or impeachment in the House of representatives and conviction in the Senate. Examples have to be made.
The leaked draft majority opinion penned by Alito is dated February 10 and has almost certainly changed multiple times in the almost three months since it was written, but three conservative sources close to the Court say that the votes supporting the decision remain unchanged, according to reporting from the Washington Post.
No real surprises there. As I understand the process, these drafts go back and forth between the justices for revisions and discussions. The original draft will probably be very different from the actual opinion. What’s interesting is who is for and who is against.
The justices set to join Alito’s opinion include Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
No surprises there.
The decision is expected to be firmly opposed by the court’s three liberal justices.
Again, no surprises. I will be very interested in seeing the dissenting opinions and how they bounce off the issued ruling.
Chief Justice John Roberts, who has at times sided with the liberal wing of the court, still appears set to oppose the decision, with the report noting that Roberts was still attempting to persuade Coney Barrett and Kavanaugh to take a more incremental approach to allowing abortion restrictions.
Roberts is unfit to be on the court, never mind being Chief Justice. He’s basically a believer in Big Government and the Deep State. Interestingly, he also sort of believes in the Constitution. However, when push comes to shove, his spine collapses and he turns into a bowl of jello.
This brings us to the reaction to the draft decision. Obviously, those who are opposed to abortion are in a good mood. The radical pro-choice types, (And these are different from those who are pro-choice but think there should be some restrictions after a certain period of time), are going off the rails. There have been groups who have been planning to not just protest in front of Catholic churches but in some cases flat out invade and intimidate the parishioners. (That is a very bad idea these days)
Others are going to the homes of the justices who are ruling against Roe vs Wade to “Protest.” What they consider protest, looks an awful lot like intimidation and threats to many. Again, not a good idea, and if they were to try and go after a justice, there is a good chance a few of these protesters would end up as retroactive abortions themselves. (Shot and killed by the security details)
Now, as to the actual wording of the decision itself. All we have to go on is the leaked first draft from February. I’m no lawyer, (Thank God!), so I can’t really comment on it. I have been reading blog entries from Legal Insurrection and Powerline blog, two sites that are full of lawyers. From what I’ve been reading, they’re saying that the ruling basically overturns Roe and restores everything to the way it was prior to the original decision. It also goes into why the original decision was wrong in the first place.
At that point it’s up to the states and Congress to pass actual legislation. In some states, the laws are already on the books saying you can have an abortion. In other states they say you can’t. Now it can be debated and decided the way it was always meant to be, by the voters and their representatives.
The decision itself won’t be released until the end of the current term. At that point, we will know what the actual ruling says, and not the leaked draft version from February. Meanwhile, it’s time that we all just sit down, take a chill pill and figure out what is next.
Thatisall
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