Alito makes masterful argument to ‘overturn’
Roe v. Wade
New York Post,
by
Edward Whelan
Original Article
Posted By: Imright,
5/4/2022 12:17:34 PM
Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health Center is a masterful account of why Roe v. Wade was wrong from the start and why it should be jettisoned. For liberals shocked by the prospective ruling, and for conservatives who thought it might never happen, it’s worth taking a look at Alito’s clear reasoning.
“We hold that Roe and Casey must be overruled.” In 1973, the Court in Roe v. Wade imposed unrestricted abortion for any reason all the way up to viability (which was then roughly the end of the second trimester) and, under a malleable “health exception” in a companion case, even right up
Reply 1 - Posted by:
DVC 5/4/2022 1:44:53 PM (No. 1146476)
It was a political invention which had pure political hot air and feminist fantasy is the raw materials, knitted up into a gauzy, unstable structure of transparent lies.
Show me exactly where in the Constitution there is the "right to privacy" that is written?
It isn't there and that non-existent "right" becomes the non-existent cornerstone of their flimsy, fraudulent legal argument. They literally refer to the 14th and 9th Amendments obliquely, but again....reference no actual right to privacy language in either, just opining that these two amendments are "... broad enough to encompass a woman's decision whether to terminate her pregnancy."
Nonsense and hogwash. It was always a very poorly reasoned decision, entirely political in it's intent, and without any real foundation in law. It has taken far too long to overturn.
49 people like this.
Reply 2 - Posted by:
ronniethek 5/4/2022 3:38:38 PM (No. 1146557)
The good Justice Alito embodies what a supreme court justice should be.
60 people like this.
What I have seen of the leaked ruling does indeed seem masterful. And it does a great job of not challenging the rulings on homosexual marriage, or any of the other issues which the left thinks it overturns.
However, the left is correct that it does open those rulings up to being overturned because, to some degree, many of the Supreme Court's rulings since Roe v Wade have been based on extending the legal logic of the Roe decision. Since this ruling declares that logic null and void, those other rulings will need to be re-adjudicated on the basis of sound legal logic.
15 people like this.
The liberals go insane because baby killing is sent back to the states! How will kill maximum babies without Federal protection? Convoluted evil creatures!
24 people like this.
Reply 5 - Posted by:
The Remnants 5/4/2022 4:45:16 PM (No. 1146611)
This is such a terrific article because it clearly explains what Justice Samuel Alito's Draft Opinion is all about. For all the screeching protestors carrying their hand-made signs and Morning Joe and his wife promoting another Big Lie, Justice Alito's Opinion does not mean that overturning Roe vs.Wade takes away a woman's right to have an abortion in this country. It simply means that "It is time to heed the Constitution and return the issue of abortion to the people's elected representatives." With the power given back to the states to pass laws for or against abortion, some states will continue to have abortion-on-demand, while in other states it will not be lawful. Should real advocates of abortion-on-demand find themselves living in a state where abortions are no longer allowed, they will just have to move to a state where they are allowed. Simple solution. No more screeching and no more placards. They will have to find a new cause to screech about.
35 people like this.
Reply 6 - Posted by:
Bill O Rights 5/4/2022 4:54:11 PM (No. 1146615)
"No constitutional right is absolute." - Joe Biden 2022
20 people like this.
Reply 7 - Posted by:
Rinktum 5/5/2022 6:37:00 AM (No. 1146960)
Democrats screeching and gnashing of teeth comes from the realization that the support for abortion on demand is not the will of the majority of voters. With the abortion issue being sent back to the state for voters decide is not what they want. Democrats would much rather Judges make the decision for the rest of us. Unfortunately, a Constitutional Republic does not work that way. We the people get to decide the issue.
Another reason democrats are so unhinged is the money they stand to lose. Planned Parenthood is no longer going to be the conduit in which millions if not billions of dollars flow. Infanticide is a huge money maker for these murderous ghouls. After all, it pays for their Lamborghinis, and keeps the lucrative post abortion infant body part industry rolling right along.
42 people like this.
Reply 8 - Posted by:
The Remnants 5/5/2022 7:13:31 AM (No. 1146979)
#7 When I read your comments this morning, a tag line of a song I heard on Sesame Street when my kids were little came to mind: "And That's What's It's All About."
Your Second Paragraph says it all.
(And the baloney about "a women's right to choose" is another lie. Contra(against) conception has many choices other than aborting life.)
23 people like this.
Reply 9 - Posted by:
Strike3 5/5/2022 7:37:40 AM (No. 1146990)
It doesn't take a legal scholar to determine that murder is wrong. It has been wrong for tens of centuries. Just because a doctor can doesn't mean he should. Save the baby and make assisted suicide available to these pathetic mothers and that way the right party dies.
11 people like this.
Reply 10 - Posted by:
Daisymay 5/5/2022 7:48:19 AM (No. 1146998)
No surprise that Justice Roberts can't get off the Fence!
16 people like this.
Reply 11 - Posted by:
bpl40 5/5/2022 8:07:28 AM (No. 1147022)
Justice Alito's opinion is a step in the right direction. But it still does not go to the core of the matter. States have all the residual powers under our system. But those powers do not include the right to take a life. Is a fetus a human life at conception. If it is then even the states by majority, have no right to legislate the death of an unborn. Can conditions regarding the mother's life be set to permit such an act. In that case is permission from the state required? There are many complex issues here.
8 people like this.
Reply 12 - Posted by:
harleynyc 5/5/2022 9:00:54 AM (No. 1147087)
Alito is a good man, but in the world we live there are choices we need to make for survival. Imagine if the welfare thug population was 400 % larger. We wouldn't be here today. This nation would have been a one party banana republic years ago without abortion.
1 person likes this.
Reply 13 - Posted by:
starboard 5/5/2022 9:20:41 AM (No. 1147104)
Justice Alito is one of the best things that came from the president Bush's administration. This will be Alito legacy and well deserved.
8 people like this.
Reply 14 - Posted by:
ironchefw 5/5/2022 10:27:33 AM (No. 1147185)
Yes. Explicit rights written in the Bill of Rights are seemingly hard enough for politicians to understand (speech, religion, and guns). Inventing rights out of phantom penumbras is just asking for trouble. Better to do away with the shadowy penumbras and courts writing legislation that is the business of Congress.
The nation can have national abortion rights if Congress takes legislative actions, but Congress has been shirking their law-making role (farming things to admin agencies and settling instead for long-term campaign fund-raising off of contentious issues) and the pieces they do pass are sloppy (Obamacare, "relief" bills, the budget every year).
The draft of the decision gives the states the right to make laws that serve their citizens, so conservative states will have some limits (see European states time limits) and progressive states might just make a seamless life elimination apparatus of anytime abortion and euthanasia.
6 people like this.
Reply 15 - Posted by:
MickTurn 5/5/2022 10:30:40 AM (No. 1147193)
The original decision on Roe was a hatched job at best. Leftists don't care about anything but their own power. People with that mindset should NEVER be trusted at any job but Trash Undertaker!
4 people like this.
Reply 16 - Posted by:
PrayerWarrior 5/5/2022 10:52:27 AM (No. 1147242)
This is the Supreme Court Judge who almost wasn't. President Bush nominated Harriet Myers who was pro abortion to the Court. Because of the outcry, Bush dropped Harriet and nominated Judge Alito. Thank you Lord! Supreme Court Justice Alito is one of the finest minds to be on the Supreme Court, besides Justice Clarence Thomas. What would we do without these two?
8 people like this.
Reply 17 - Posted by:
Zigrid 5/5/2022 10:56:22 AM (No. 1147246)
The sadest part of the roe decision is the millions of babies that have been killed by the democrat's obsession with a woman's rights...what about these millions of American citizens that have been slaughtered because the democrats needed a talking point for the fake media....
4 people like this.
Reply 18 - Posted by:
little guy 5/5/2022 12:20:51 PM (No. 1147338)
The Demo-rats had almost 50 years to make abortion a real Constitutional right! All they had to do was make it a brief amendment like: "The right to an abortion at any time, in any place, shall not be stopped by any government entity." They didn't even try to pass such an amendment because they had no support --- and they knew it! So they snuck around to the usual back door and got 7 moronic judges to write law from the bench.
Their cutesy & hackneyed phrases about a "woman's right to chose" and "my body, my self" are a bunch of hooey too. That was never true! You can't take illegal drugs and your access to legal drugs is limited to having a prescription from a licensed doctor and then filling it from a licensed pharmacy. You can't treat yourself to cure any ailment unless you go "holistic" or "natural" and you cannot sell a kidney or an eye to anyone who needs one. I could go one but you get the idea.
Roe v. Wade should be handled by each state. Who does liberal Joyless Beher and stupid Whoppie Cushion think they are telling the people of Utah, Texas, Wyoming, etc. that they have to pay for an abortion? Idiots.
4 people like this.
the abortion "rights" folks/government insisted that 3rd world countries adopt abortion as a birth control. So in essence (s) we have perpetrated abortion world wide. Pro aborts in this country made it a point to bring abortion world wide or else we will cut any funding if you do not adhere to promoting abortion in other countries. We are responsible for more that the 62 million aborted babies in our country in additi0n worldwide. This decision on has nothing to do with overseas abortions. But it shows you what evil we have perpetrated in the world. Finally the SCOTUS made it right. Its a state decision not government.
4 people like this.
Reply 20 - Posted by:
Scout Finch 5/5/2022 2:06:44 PM (No. 1147498)
People forget that when Roe v Wade was decided in 1973, abortions were not that common. And without benefit of ultrasound technology, the left could frame it as an issue regarding nothing but a "clump of cells". Fast forward 49 years and billions of babies killed in the womb, some moments before birth (some born alive but snuffed out). And we now know the horror of how the most common procedure is performed. The time is now for this issue back to the states where it belongs. Let our elected congresscritters create state legislation that serves the voters of their states.
5 people like this.
Reply 21 - Posted by:
GirlwithaCurl 5/5/2022 7:26:50 PM (No. 1147705)
I'm sorry to judge, but the chick in the photo with the hanger around her neck? She's probably never had sex with a man and therefore doesn't have to worry about getting pregnant!
Abortion is all about stopping the wrong people, the ho's, the fat, white baby manufacturers from the trailer parks, and the poor black females from having kids that grow up to be like their birth mothers and continue the cycle.
It all came to me when I saw the photo of that stupid comedienne whose name I forget, and a very pregnant Jennifer Lawrence holding anti-Life posters at an small abortion rally somewhere in the US. They are under the impression that they're the ones who should be having babies and not wrong people as I mentioned earlier.
Quit using abortion as a birth control method. Take responsibility before you jump into the sack in the heat of the moment. Plan your sexual relations around your menstrual calendar.
The killing of babies HAS TO STOP!
1 person likes this.
Reply 22 - Posted by:
GirlwithaCurl 5/5/2022 7:42:33 PM (No. 1147715)
And these same women that have sex at will and have abortions because it's not convenient to have the kid more than likely wore the mask during the Covid. Well why don't you put a ding-dang mask on your va-jay-jay! Same principal! You don't wear a mask--you get Covid! You have sex--you get pregnant!
1 person likes this.
Reply 23 - Posted by:
bedub 5/5/2022 10:16:34 PM (No. 1147805)
Women who find themselves living in a state that limits abortion will either have to move to a liberal state, travel out of state, or heaven forbid practice sensible birth control.
0 people like this.
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