Congress hasn’t done its job for years. I find it funny how many people whine over Roe without every reading the court case or really understanding why the courts overturned it. I am pro-choice but once you read it, it makes sense that the court overturned it.
Yet people have become so partisan, they are incapable of seeing it was the right choice. The real answer is congress needs to do something.
Roe v. Wade basically argued that women had a right to abortion through a right to personal privacy.
The majority opinion, written by Alito, argued that the right to abortion was not guaranteed through personal privacy. Why? Because of the dumbest possible method of interpreting the Constitution, originalism
We hold that Roe and Casey must be overruled. The Con-
stitution makes no reference to abortion, and no such right
is implicitly protected by any constitutional provision, in-
cluding the one on which the defenders of Roe and Casey
now chiefly rely—the Due Process Clause of the Fourteenth
Amendment. That provision has been held to guarantee
some rights that are not mentioned in the Constitution, but
any such right must be “deeply rooted in this Nation’s his-
tory and tradition” and “implicit in the concept of ordered
liberty.”
On the other hand, I’m really enjoying hearing about how KBJ is challenging this foolish nonsense. Clarence and Alito specifically need to explain why an original interpretation of the Constitution matters when it comes to modern matters.
I do see the importance of not brazenly pretending our laws have different meanings out of nowhere. But I don’t see why we shouldn’t recognize new established meanings.
Because it effectively just completely bypasses proper legislative process. If you want a new law that does something new, pass that law. Don’t look for ways that maybe you could interpret an old law differently such that it could serve a new purpose. You want the constitution to protect abortions? Cool. Pass an amendment. Don’t just make up creative meanings of the constitution to get what you want.
It’s fascinating when you can ignore the partisan politics and see why things happened and why it’s a good thing. I am pro-choice but the law was bad. It was the court making law and making it up poorly.
If you look at many of the recent rulings, they follow the same trend, it’s not the courts job to make law. That is the job of congress.
Yet partisan people will say, they overturned Roe v Wade and then add their partisan twist that either the court is evil or they were doing the lords work.
Neither is true, the court was ruling the correct way. Congress needs to make the laws. Everyone is so busy blaming the court, they ignore that congress is the one who failed. The court didn’t say abortion shouldn’t be legal. It just said the states should make the decision or congress.
That is why we have this shitshow going on now where different states have radically different rules. Congress needs to fix it.
Ok let me amend my prediction: at least one impeachment attempt.
I hate that impeachment is a ‘political’ process. It’s a big political tool that takes congress away from doing its job.,
It’s not like they were doing their jobs before. How many post offices did they rename? It’s not a small amount.
Congress hasn’t done its job for years. I find it funny how many people whine over Roe without every reading the court case or really understanding why the courts overturned it. I am pro-choice but once you read it, it makes sense that the court overturned it.
Yet people have become so partisan, they are incapable of seeing it was the right choice. The real answer is congress needs to do something.
No, they shouldn’t have overturned it.
Roe v. Wade basically argued that women had a right to abortion through a right to personal privacy.
The majority opinion, written by Alito, argued that the right to abortion was not guaranteed through personal privacy. Why? Because of the dumbest possible method of interpreting the Constitution, originalism
On the other hand, I’m really enjoying hearing about how KBJ is challenging this foolish nonsense. Clarence and Alito specifically need to explain why an original interpretation of the Constitution matters when it comes to modern matters.
You don’t see why it’s important to not just brazenly pretend our laws have different meanings out of nowhere?
I do see the importance of not brazenly pretending our laws have different meanings out of nowhere. But I don’t see why we shouldn’t recognize new established meanings.
Because it effectively just completely bypasses proper legislative process. If you want a new law that does something new, pass that law. Don’t look for ways that maybe you could interpret an old law differently such that it could serve a new purpose. You want the constitution to protect abortions? Cool. Pass an amendment. Don’t just make up creative meanings of the constitution to get what you want.
Bingo. Well said. That’s the job of congress. They need to stop trying to shoehorn things in.
And that is a false premise as explained in the decision. Even RGB said it was false.
https://www.law.uchicago.edu/news/justice-ruth-bader-ginsburg-offers-critique-roe-v-wade-during-law-school-visit
https://www.nytimes.com/2020/09/21/us/ruth-bader-ginsburg-roe-v-wade.html
She is right. It should have worked through the states and lower courts.
Thanks for this! This is worth looking into.
It’s fascinating when you can ignore the partisan politics and see why things happened and why it’s a good thing. I am pro-choice but the law was bad. It was the court making law and making it up poorly. If you look at many of the recent rulings, they follow the same trend, it’s not the courts job to make law. That is the job of congress.
Yet partisan people will say, they overturned Roe v Wade and then add their partisan twist that either the court is evil or they were doing the lords work.
Neither is true, the court was ruling the correct way. Congress needs to make the laws. Everyone is so busy blaming the court, they ignore that congress is the one who failed. The court didn’t say abortion shouldn’t be legal. It just said the states should make the decision or congress.
That is why we have this shitshow going on now where different states have radically different rules. Congress needs to fix it.