Thursday, May 05, 2022

Supreme Court squishes grow a spine?

Andrew McCarthy was quoted on Instapundit as saying this:

Besides Alito, four conservative justices have been reported as members of a majority that favors overruling Roe v. Wade and Planned Parenthood v. Casey — Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

Clarence Thomas was a Bush, Sr., appointee—the rest of the people named above are all Trump appointees who did little to nothing to stop the election fraud. It's interesting to see Kavanaugh now turning against his own "Roe is the law of the land" stance (affirmed at his confirmation hearing) and to see the other justices suddenly (well, seemingly) become principled after all the cowardice of the previous year-plus. We still have no word on whether the leaked draft opinion is the final opinion. Last I heard, the three leftie dissenters—Kagan, Sotomayor, and Breyer—wanted more time to draft their dissent. The publication of a dissent doesn't change the Court's majority decision, but it at least puts an articulate dissent on the record. There's apparently a lot of pressure on the Supreme Court to publish its final opinion now rather than later given both the damage caused by the leak and certain parties' desire to see whether any justices got swayed by the leak. As far as I can tell, unless there's a massive loss of courage, the decision to strike down Roe will fall one of three ways: 5-4, 6-3, or 5-3-1 (assuming Roberts, who rarely skews conservative despite ostensibly being a conservative, decides to go his own neutral way). In every one of those cases, Roe will be no more.

I'm coming around to the idea that that's a good thing: in 1973, Roe effectively stripped away the power of individual states to decide the abortion issue for themselves. I don't know the legal specifics, but a lot of constitutional scholars (including, incredibly, the liberal Ruth Bader Ginsburg) thought that Roe went too far in the power it gave the government over states' rights. So, more and more, I'm coming around to the idea that Roe might have been a violation of federalism. Stripping Roe away doesn't automatically mean abortion will become illegal everywhere; it simply means that states will have the right to decide for themselves whether abortion is to be legal within their borders.

I guess we'll see what happens in the coming days and weeks. Meanwhile, prepare for riots by the ever-tolerant, violence-hating left.





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