Roe is dead

Kavanagh's concurring opinion contains one of the best-written (and most balanced) statements I've ever seen on the topic:

Abortion is a profoundly difficult and contentious issue because it presents an irreconcilable conflict between the interests of a pregnant woman who seeks an abortion and the interests in protecting fetal life. The interests on both sides of the abortion issue are extraordinarily weighty.

On the one side, many pro-choice advocates forcefully argue that the ability to obtain an abortion is critically important for women’s personal and professional lives, and for women’s health. They contend that the widespread availability of abortion has been essential for women to advance in society and to achieve greater equality over the last 50 years. And they maintain that women must have the freedom to choose for themselves whether to have an abortion.

On the other side, many pro-life advocates forcefully argue that a fetus is a human life. They contend that all human life should be protected as a matter of human dignity. And they stress that a significant percentage of Americans with pro-life views are women.

When it comes to abortion, one interest must prevail over the other at any given point in a pregnancy. Many Americans of good faith would prioritize the interests of the pregnant woman. Many other Americans of good faith instead would prioritize the interests in protecting fetal life—at least unless, for example, an abortion is necessary to save the life of the mother. Of course, many Americans are conflicted or have nuanced views that may vary depending on the particular time in pregnancy, or the particular circumstances of a pregnancy.

The issue before this Court, however, is not the policy or morality of abortion. The issue before this Court is what the Constitution says about abortion. The Constitution does not take sides on the issue of abortion. The text of the Constitution does not refer to or encompass abortion. To be sure, this Court has held that the Constitution protects unenumerated rights that are deeply rooted in this Nation’s history and tradition, and implicit in the concept of ordered liberty. But a right to abortion is not deeply rooted in American history and tradition, as the Court today thoroughly explains.

On the question of abortion, the Constitution is therefore neither pro-life nor pro-choice. The Constitution is neutral and leaves the issue for the people and their elected representatives to resolve through the democratic process in the States or Congress—like the numerous other difficult questions of American social and economic policy that the Constitution does not address.

Because the Constitution is neutral on the issue of abortion, this Court also must be scrupulously neutral. The nine unelected Members of this Court do not possess the constitutional authority to override the democratic process and to decree either a pro-life or a pro-choice abortion policy for all 330 million people in the United States.

Instead of adhering to the Constitution’s neutrality, the Court in Roe took sides on the issue and unilaterally decreed that abortion was legal throughout the United States up to the point of viability (about 24 weeks of pregnancy). The Court’s decision today properly returns the Court to a position of neutrality and restores the people’s authority to address the issue of abortion through the processes of democratic self-government established by the Constitution.
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Dems are upset because it takes abortion out of national politics. This is a big loss for them politically. None of their constituents will be affected by this except for blue enclaves in red states.
 
NJlonghorn said:
Because the Constitution is neutral on the issue of abortion, this Court also must be scrupulously neutral. The nine unelected Members of this Court do not possess the constitutional authority to override the democratic process and to decree either a pro-life or a pro-choice abortion policy for all 330 million people in the United States.
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Beautifully stated. We should not suffer to live under nine black-robed tyrants.
 
Agree Sangre
And with this decision for this decision they made sure we did not.
Now it is up to us back in each state.
 
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Sangre Naranjada said:
Can you imagine if he had been seated on the Supreme Court? He'd be giving the "Wise Latinx" a run for her(?) money for worst justice.
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Pretty much. He'd be a little more sanctimonious and conciliatory in his tone, but on cultural, social, and political issues, he'd have been about the same.
 
Morally, I'm thrilled that Roe is gone. It was evil and epitomized lawlessness. However, I can't get too excited when the Court expanded the same flawed and lawless legal doctrine that was such a disaster in Roe in two other cases that most of the Right is happy about.
 
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Mr. Deez said:
Morally, I'm thrilled that Roe is gone. It was evil and epitomized lawlessness. However, I can't get too excited when the Court expanded the same flawed and lawless legal doctrine that was such a disaster in Roe in two other cases that most on the Right are happy about.
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Sangre Naranjada said:
Beautifully stated. We should not suffer to live under nine black-robed tyrants.
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When I said this I should have added, even when they rule on a matter on which I happen to agree. From a legal perspective the best part of the opinion is the recognition that SCOTUS shouldn't be the final arbiter of all (or even most) conflicts. From a moral perspective, seeing the end of Roe v Wade is incredibly satisfying.
 
mchammer said:
Dems are upset because it takes abortion out of national politics. This is a big loss for them politically. None of their constituents will be affected by this except for blue enclaves in red states.
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I agree in theory but not in practice. The Dems will make national politics primarily about abortion, because now the way forward has to be to pack the legislature with pro-choice advocates and pass legislation making abortion legal in all 50 states regardless of state law. They will never be satisfied with legalization in blue states only - and I can understand why, given their position.

What's REALLY going to be interesting is that a whole bunch of "pro-life" Republicans just got put on notice. Now they're actually going to have to vote on this issue and take a stand that is actually reflected in a voting record. Because there will be a vote before midterms on legalizing abortion nationally. And if/when the GOP flips the house and senate, someone will introduce legislation making abortion illegal - and I expect a whole lot of foot-shuffling and delaying from the right side of the aisle.

Normally I would say this is also a positive because now people will see how all the lib prophecies of "Handmaiden's Tale" dystopian civilization were completely made-up and ridiculous, but we've shown as a nation that we're more than capable of creating our own personal fantasyland of oppression.
 
There are still posters on this board who feel like Garland was owed or deserved that SCOTUS seat and it was stolen from him/Obama.

Let that sink in when any RINOs, even those on this board who don't like "bullies", deride Trump. Just try to envision where this country would be had Hillary won.

Biden EOd and reversed all of Trump's polices for the most part and ruined the country, but he can't EO the Supreme Court, and Trump will have that legacy to stand on.
 
horninchicago said:
Let that sink in when any RINOs, even those on this board who don't like "bullies", deride Trump. Just try to envision where this country would be had Hillary won.

Biden EOd and reversed all of Trump's polices for the most part and ruined the country, but he can't EO the Supreme Court, and Trump will have that legacy to stand on.
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I have always said that Trump was on a mission from God (said multiple times on this board). Yes I say it in jest, but it also the best explanation that I am aware of.
 
With the Demx Pols inciting (this is what Real inciting looks like, not telling everyone to go home in peace)
Going to be a long hot deadly summer.
They damn well better protect the in danger justices and families.
 
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