Blog Archive

Friday, December 3, 2021

Roe vs Wade hysteria.

 ROE VERDICT, CLASSIC EXAMPLE OF JUDICIAL OVERREACH

ACTIVIST COURTS CREATE UNNECESSARY DIVISION



Much is being made of the coming decision on a Mississippi law that limits abortion to the first 15 weeks of pregnancy.  Many are anticipating that the court is going to reverse the infamous 1973 abortion ruling. While abortion has probably been practiced for several thousand years of human history, this ruling found a constitutional right to abortion. The justices claimed that this was part of the fourth amendment right to privacy. The fourth amendment reads: 

 "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"

While the court has a lot of work that they should be doing to protect this right, the right of abortion has never been a constitutional right. Whether the court will overturn Roe is not clear, if that should be the case, it will not stop the ability to obtain an abortion in this country. There are four possible outcomes in this case.

1. The court may limit its ruling to upholding the Mississippi law and go no further, that will result in the court having to hear more state laws forever.
2. The court may reverse Roe and that would result in many state laws, eliminating, restricting or expanding abortion.

3 and 4. If Roe is overturned then there is the proper and legal method of proposing a constitutional amendment to either legalize abortion with clear rules or outlaw abortion. It is unlikely that such an amendment could be passed to legalize or outlaw abortion. So, the result would be, as it should have been from day one, that is falls into the 10th amendment situation were it is left up to the states.

That would be the best ruling for the country, it would remove abortion from federal politics, both parties would now possibly be able to focus on more pressing issues that are constitutionally federal issues.

The states would work out their own ways to deal with this issue and relieve much of the internal battling over abortion. Individuals desiring an abortion will likely be within several hours of finding a state to satisfy their needs. 

States rights is the great pressure relief valve for the country, it should be re-invigorated if we all desire to peacefully preserve the union. It gives us a 50 state laboratory to see what works and what does not. We should all insist that the federal government retreat into those functions given it by the constitution and bill of rights. A federal government with total power and control will be an oppressive government and will destroy America as we know it.




No comments:

Post a Comment

comments and opinions published at discretion of editor