The recent leaked opinion about Roe v Wade, written by Justice Alito, demonstrates exactly where the radical court is heading.
Overturning Roe v Wade and taking away a family”‘s right to decide how many children they want is just the first step.
Justice Alito has outlined his thinking on the abortion issue. But more important, it sets a foundation for overturning many other rights that people had assumed we had as citizens. The core of Alitio’s decision is this: The right to an abortion is new. It has no history in America. He is clear that a legitimate reason for overturning a Supreme Court decision can be based on this idea. It is not EXPLICITLY mentioned in the original Constitution and it has no longstanding history of being recognized as a right.
He even goes back to the 17th century to explain that “common law” historically viewed abortion as illegal and criminal. He refers to a multitude of 19th century writings which express the same sentiment. Women do not have the right to an abortion. This is the fundamental principle on which his decision rests.
Of course, following Alitio’s reasoning we can see where this leads. While he gives a passing reference to the 9th and 10th Amendments he then ignores that very important part of the Bill of Rights. The founders, after all, debated what rights should be included in the Bill of Rights. Knowing it was impossible to include ALL rights, they included those amendments as safety valves meant to include future rights as may be identified. That was the “original” Constitution which the “originalists” constantly ignore.
Following Alito’s reasoning it becomes apparent that any right not specifically mentioned in the Constitution AND with no long history in common law is not a right at all. All are now up for grabs. Where does this lead?
Until the 1950s women had virtually no legal rights in many states. It was a tradition. A woman could not get credit in her own name and had few rights her husband could not decide.Husbands and wives, in the privacy of their own bedrooms, were not allowed to use birth control. That was the longstanding American tradition.
Until the 1960s blacks were effectively prevented from voting by state laws in southern states. Literacy tests. Poll taxes. A longstanding American tradition.
Until the 1960s black Americans could be prevented from buying houses, marrying non-blacks, eating at restaurants, renting hotel rooms, drinking at water fountains, sitting on buses, etc. Black Americans , by law, could not attend schools with white children. A very longstanding American tradition.
Until recently homosexual behavior was illegal and punishable by prison terms. Tradition. Homosexuals were not allowed to marry. They had no rights to adopt. Certainly a longstanding American tradition.
Make no mistake. The fundamental concept articulated by Alito has massive ramifications in all areas of life. State legislatures will attempt to return to a more repressive system. Be certain that there are many state legislatures chomping at the bit to take away rights from blacks, immigrants, homosexuals, news organizations, etc. The current majority on the Supreme Court now has a firm basis on which to overturn any well established Supreme Court decision.
This decision is just step one.
4 responses to “Step One… Accomplished”
Absolutely spot on, Joseph. Many of us have been warning about this radical court for quite a while. I posted some comments from historian Heather Scott Richardson about the decision earlier today.
One of the most evil of the many awful things in this memo is the expressed concern for Black babies—when we have a crisis in maternal health for Black women who die in childbirth far more often than white women—and will inevitably die in larger numbers when they can’t get safe abortions.
It’s up to us to make a blue tidal wave that enables us to codify reproductive rights and do something about this dangerous court.
FYI: whungerford quoted from your post on mine today. Glad he did.
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If the majority want Roe vs Wade kept in place, how can 5 people take it away? How is this legal? And yes this is definitely just step one. Remember Hitler started somewhere as step one also.
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The Court has a tradition of unanimity on important cases such as the Nixon Tapes, and desegregation. It is hard to believe that the Court would overturn Roe on a five to four or even a six to three vote.
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The Court also has a history of respecting precedent, as this majority said they’d do under oath. All out the window. If the Alito memo stands unchanged, I can’t see the beleaguered Chief Justice signing on, but the five are gung-ho. This is what they were put on the court to do. Step One, as Joseph wrote.
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