EDITORIAL –
The legal reasoning used in ROE v Wade was “outcome based” and used pretzel legal logic to get where the judges on the court wanted it to go. This behavior undermined the legitimacy of the court. Many left of center legal scholars who are pro-abortion have said the same in their writings.
No rational person wants nine unelected elite law school grads to decide our social issues. That is what elections are for.
Does anyone seriously believe when the 14th Amendment was passed in 1868 that it was Congress and the States’ intent to create a constitutional right to abortion?
The majority of the world does not allow late term abortions and in that the United States was an outlier. This court decision does not ban abortions at all, it simply leaves it to the states to decide for themselves.
This does not mean that “Republicans want to ban birth control” or any such thing. These new rulings are simply making the point that if the Constitution does not address an issue it is left to the political process. It’s called democracy.
Justice Alito wrote of Roe:
Roe was on a collision course with the Constitution from the day it was decided… Wielding nothing but “raw judicial power,” the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people.
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