A lot of hoopla out there on the internet today about the overturning of the 50 year, technically 49, year precedent it has set and why there is a silver lining here and it isn’t as bad as the left wants you to think it is, nor is it the win that the right wants to think it is.
Ok, so back in 1973, the Supreme Court of the US decided that abortions where to be openly available to any and all whom sought one. This however, never made abortion a right, rather set a lawful precedence that abortion was not murder and was justified. From my understanding, the opinion of the court today, actually makes it more of a right than it ever has been before. Before I get into that, let me take a moment to show you why I think it was always a right to begin with.
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.-U.S. Constitution, 4th Amendment.
I personally believe this quote right here, solidifies abortion as a right. Person’s should be seen as body, what other type of persons is there? And attempting to restrict a person and their sovereignty could constitute the seizures clause. If I recall correctly, this also prevents against unlawful cavity searches. You see where I am going with this? You could interpret it as a baby being protected inside the womb, but you’re probably illiterate.
So, the Supreme Court is using this as their guide for their abortion take.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.-U.S.Constitution, 10th Amendment.
This, is the irony of overturning Roe, in that the Supreme Court strengthened it by mistake. Their political arm stretch actually makes abortion a right, finally after years of people pushing for it. Just like gay marriage was never illegal before 2014, when all the court did was force people to actually recognize gay marriage and nothing more. Rescinding Roe doesn’t make it illegal, it just allows the states to do what they could already do and attempt to restrict it. One could misinterpret this as saying because Roe is overturned that the states have more power because it is now prohibited. That isn’t what that clause is and even if it was the correct interpretation, that fact that a half century of legality would just put a bigger dampening on the states in their restrictions.
Once this goes to lower courts, I think you will see forced judicial precedent to keep abortion legal as it is and pretty much was. I do not think red states, short of activist judges, will get away with very many restrictions. Even if they did, the fact that, once again, it is now a RIGHT, would end up, oddly enough, causing a new and potentially stronger version of Roe V Wade to make it to the Supreme Court, where they would be forced to,reestablish abortion rights federally.
So while it may be killing philosophically speaking, the RNC and their strong arm of the court have, naively and stupidly, shot themselves in the foot, so to speak. This is nothing more than a temporary burst of team playerism and will result in the same aspect that it did in 1973. No one has anything to worry about.
Till next time, Intellectualize and not emotionalize.