Don’t believe the claims that other rights are in jeopardy if Roe v. Wade falls.
First, they ban abortion. Next will be a contraception ban. Then a ban on same-sex and even interracial marriage. Soon we will all be living in “The Handmaid’s Tale.” That’s the parade of horribles that Democrats and the media are trying to sell Americans after the leak of a draft Supreme Court opinion that would repeal a constitutional right to abortion.
President Biden warned this week, If Roe v. Wade falls, it “would mean that every other decision related to the notion of privacy is thrown into question,”“Does this mean that in Florida, they can decide they’re going to pass a law saying that same-sex marriage is not permissible?” The President is peddling disinformation - I wonder if his new disinformation arbiters will include this in their warnings?
.The press is full of warnings about which precedent the Supreme Court might strike down next:
Obergefell (2015), which enshrined gay marriage?
Griswold (1965), which overturned a state law prohibiting married couples from buying contraceptives?
Loving v. Virginia (1967), which guaranteed interracial marriage?
Justice Samuel Alito’s draft explicitly distinguishes Roe and its 1992 legal revision, Planned Parenthood v. Casey, from cases on unrelated social topics.
“None of the other decisions cited by Roe and Casey involved the critical moral question posed by abortion,” the draft says. “They do not support the right to obtain an abortion, and by the same token, our conclusion that the Constitution does not confer such a right does not undermine them in any way.”
Yet, unlike Roe, those decisions have established themselves as durable precedents with broad public acceptance:
92% of Americans believed using birth control to be “morally acceptable.”
On gay marriage, 70% of people believed that the law should treat such unions no differently than traditional ones.
Loving, 94% support black-white marriages.
That stands in contrast to abortion, which remains a contested moral and political issue:
Americans say abortion should be 32% always legal, 19% never, and 48% sometimes. Whatever the High Court thought it was doing in Roe and again in Casey, it didn’t come close to settling the debate.
In the marriage cases, there are also what the Court calls “reliance interests” at stake. Hundreds of thousands of Americans are married to people of the same sex or of different races. The Supreme Court isn’t going to invalidate those unions and disrupt so many lives.
Roe also stands apart on what Justice Alito’s opinion calls “workability” grounds. Roe has continued to inspire a mass of litigation as modified by Casey’s “undue burden” test. No one really knows what that burden is, so states bring case after case to contest it. By contrast, Obergefell, Griswold and similar rulings have not been challenged by what Justice Scalia called “give-it-a-try” litigation.
Finally, judges are ill equipped to draw the distinctions in abortion policy that a plurality of Americans say they want. How does the SC decide that abortions after a heartbeat is found are illegal? This is the job of the legislature which are chosen by the people. If the pro-choice group really believes this is the crux of democracy, debate it in an open session and vote on it state by state. My belief is that some limited form of abortion will arise in each state (with a few predictables having no limits).
and, future Supreme Court appointments may return to civil affairs unlike the embarrassment they are now. Stop with the false claims - that said, it works on those that can’t/don’t read.
I have actually read the leaked draft opinion - it is very interesting - what percent of media and Americans do you think have taken the time to see what it really says?
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The Abortion Disinformation Campaign
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Wall Street Journal, 05 May 2022, Opinion Page
Don’t believe the claims that other rights are in jeopardy if Roe v. Wade falls.
First, they ban abortion. Next will be a contraception ban. Then a ban on same-sex and even interracial marriage. Soon we will all be living in “The Handmaid’s Tale.” That’s the parade of horribles that Democrats and the media are trying to sell Americans after the leak of a draft Supreme Court opinion that would repeal a constitutional right to abortion.
President Biden warned this week, If Roe v. Wade falls, it “would mean that every other decision related to the notion of privacy is thrown into question,” “Does this mean that in Florida, they can decide they’re going to pass a law saying that same-sex marriage is not permissible?” The President is peddling disinformation - I wonder if his new disinformation arbiters will include this in their warnings?
.The press is full of warnings about which precedent the Supreme Court might strike down next:
Obergefell (2015), which enshrined gay marriage?
Griswold (1965), which overturned a state law prohibiting married couples from buying contraceptives?
Loving v. Virginia (1967), which guaranteed interracial marriage?
Justice Samuel Alito’s draft explicitly distinguishes Roe and its 1992 legal revision, Planned Parenthood v. Casey, from cases on unrelated social topics.
“None of the other decisions cited by Roe and Casey involved the critical moral question posed by abortion,” the draft says. “They do not support the right to obtain an abortion, and by the same token, our conclusion that the Constitution does not confer such a right does not undermine them in any way.”
Yet, unlike Roe, those decisions have established themselves as durable precedents with broad public acceptance:
92% of Americans believed using birth control to be “morally acceptable.”
On gay marriage, 70% of people believed that the law should treat such unions no differently than traditional ones.
Loving, 94% support black-white marriages.
That stands in contrast to abortion, which remains a contested moral and political issue:
Americans say abortion should be 32% always legal, 19% never, and 48% sometimes. Whatever the High Court thought it was doing in Roe and again in Casey, it didn’t come close to settling the debate.
In the marriage cases, there are also what the Court calls “reliance interests” at stake. Hundreds of thousands of Americans are married to people of the same sex or of different races. The Supreme Court isn’t going to invalidate those unions and disrupt so many lives.
Roe also stands apart on what Justice Alito’s opinion calls “workability” grounds. Roe has continued to inspire a mass of litigation as modified by Casey’s “undue burden” test. No one really knows what that burden is, so states bring case after case to contest it. By contrast, Obergefell, Griswold and similar rulings have not been challenged by what Justice Scalia called “give-it-a-try” litigation.
Finally, judges are ill equipped to draw the distinctions in abortion policy that a plurality of Americans say they want. How does the SC decide that abortions after a heartbeat is found are illegal? This is the job of the legislature which are chosen by the people. If the pro-choice group really believes this is the crux of democracy, debate it in an open session and vote on it state by state. My belief is that some limited form of abortion will arise in each state (with a few predictables having no limits).
and, future Supreme Court appointments may return to civil affairs unlike the embarrassment they are now. Stop with the false claims - that said, it works on those that can’t/don’t read.
I have actually read the leaked draft opinion - it is very interesting - what percent of media and Americans do you think have taken the time to see what it really says?
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