The almost half-century reign of a mass murderer appears to be ending. In 2016, although 38% of victims were black, the killer was never portrayed as racist in a world where liberals put that label on everything possible. In fact, despite a tally of victims during this murderous reign that may well exceed those of Adolf Hitler, Josef Stalin and Mao Zedong combined, it will be liberals outraged by the killer’s fate.
The killer’s name is Roe vs. Wade – a decision by the 1973 Supreme Court of the United States (SCOTUS) legalizing abortion. In a leaked draft majority opinion – unprecedented in SCOTUS history – written by Justice Samuel Alito and obtained by Politico, an execution sentence may be forthcoming in the 49-year-old decision.
The case giving rise to Alito’s opinion is Dobbs v. Jackson Women’s Health Organization, involving the constitutionality of a 2018 Mississippi state law banning abortions after the first 15 weeks of pregnancy. Liberals immediately criticized the SCOTUS decision. As the opinion leak violates the ethical code of conduct required of SCOTUS interns, one wonders if it sought to rally the pro-abortion lobby before the official decision is released in a likely 6-3 or 5-4 decision.
The leak has already prompted President Joe Biden to declare he will sign legislative action to codify Roe vs. Wade into federal law. Just like the 1973 Roe vs. Wade justice supporters stretched the Constitution’s words to rule a fundamental “right to privacy” existed – protecting a woman’s right to have an abortion and requiring every state to legalize abortion – Biden stretches reality. White House Press Secretary Jen Psaki later acknowledged such codification is unlikely since a prior effort to rally sufficient Senate votes failed.
Occasionally, an earlier era SCOTUS decision – proven later to be in error – mandated it be overturned. For example, a 1954 SCOTUS recognized the “separate but equal” doctrine birthed by the 1896 SCOTUS could not stand. Similarly, Roe vs. Wade was bad law that “carved out a supposed right to abortion through a series of novel readings” departing significantly from the Founders’ intentions.
Liberal critics attack the Dobbs decision as fascist, leading to the abridgment of other rights. This is fatuous pettifoggery, as Alito specifically dismisses these concerns, declaring it only applies “to abortion and no other right.” Meanwhile, abortion survivors note anti-Dobbs supporters are “protesting our lives.”
Seeking to undermine the Dobbs decision, self-declared “legal expert” Biden alleges Roe vs. Wade “says what all basic mainstream religions have historically concluded,” namely that determining when human life begins in the womb is an unanswerable “question.” He claims his point is supported by 13th-century Catholic theologian Thomas Aquinas. However, U.S. bishops explain Aquinas “rejected abortion as gravely wrong at every stage, calling it a sin ‘against nature’ to reject God’s gift of life.”
Additionally, hypocritical Biden forgets that in 1982, he actually proposed a constitutional amendment to overturn Roe vs. Wade, allowing states to legislate their own abortion policies – which is exactly what the Dobbs decision does. The leak has prompted Chief Justice John Roberts – who admits the Dobbs’ opinion authenticity – to demand an investigation. Publication “Catholic Votes” proffers a reason for the leak was “to try and sway one of the justices to change their vote or to whip the Democratic base into a frenzy and push for an act by Congress to protect abortion.” (Keep in mind a Justice can always change his/her vote on a decision up to the day before it is released.) It concludes, “The leak is an attempt to undermine the institution of the Court, and further proof that the Left will stop at nothing to protect abortion.”
Roberts issued a statement indicating the leaked opinion “does not represent a decision by the Court, or the final position of any member on the issues in the case.”
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The draft opinion effectively indicates abortion is not a constitutional right and, accordingly, is one the states must address, noting, “The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe … arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.” Almost half of all states stand ready to ban abortion.
At 98 pages in length, the opinion provides a detailed explanation destroying “every legal argument ever made to defend the so-called ‘right to abortion,’” including:
• “Roe was ‘an abuse of judicial authority’ and was ‘on a collision course with the Constitution from the day it was decided.’” – “[W]ielding nothing but ‘raw judicial power,’ the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people.” – “In short, the Constitution does not confer a right to abortion. Further, abortion is not an integral part of a broader right to privacy.”
Two things are sure about the leak.
First, SCOTUS leaks have occurred in the past but never this egregiously, involving an entire draft opinion. Based on a 1919 leak incident, there is precedent for prosecuting the leaker. Nonetheless, if identified, the left will treat the leaker as a hero for giving liberals time to organize opposition.
Second, there is little doubt which side of a 6-3/5-4 decision Justice Sonia Sotomayer’s vote will fall. But as the left’s SCOTUS “poster child,” Sotomayer failed to take an approach similar to SCOTUS nominee Ketanji Brown Jackson during her confirmation hearings when asked to define what a woman is. Jackson refused, responding, “I’m not a biologist.” Yet Sotomayer is on record giving a statement concerning abortion that suggests she possesses such expertise. She compared a fetus to a brain-dead person, arguing that fetal movement does not prove consciousness.
Such a statement suggests consciousness, and thus life, turns upon which end of the birth canal a fetus is located. It insinuates the short journey through the birth canal is magical – a kind of assembly-line process by which a fetus snatches the “gold ring” of consciousness, becoming human just before popping out. It is a viewpoint to which pro-abortionists subscribe to avoid embracing a fetus at any point in time as human life, allowing them then to exterminate it free of guilt. But more importantly, it is also a viewpoint lacking support from within the medical science community.
We will never know what impact decades of Roe v. Wade has had on America. Has it denied us of minds that might have cured cancer, or developed a limitless energy source, or brought a level of sanity to an America currently lacking it? Who knows what benefits were lost by executing 63 million fetuses?
Borrowing a quote from civil rights leader Martin Luther King Jr., assuming the Alito opinion becomes law, fetuses can rejoicefully exclaim, at least at the federal level, “Free at last, Free at last, Thank God almighty we are free at last.”
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