Tuesday, May 03, 2022

 

The End of Roe v. Wade(?)

 


Politico is making public what it claims is a draft majority opinion in the pending Supreme Court case of Dobbs v. Jackson Women's Health Organization, which challenges a strict Mississippi law that restricts abortion. The document announces the straightforward rejection of Roe v. Wade and it's protections for abortion. In short, the opinion allows the states to regulate or outlaw abortion as they wish.
 
You can read the alleged draft opinion here
 
To my eye, it seems likely to be genuine. It's authored by Alito and likely will be signed onto by Kavanaugh, Barrett, Thomas, and Gorsuch (though that is not certain at this point). Chief Justice John Roberts' views are unknown.  The style is typical of Alito-- perhaps a little toned down for him, actually-- and it is cast with an eye to getting a majority from those other justices with similar views.  The fact that Alito presents it as for "the court" tips that the votes are in to overturn Roe.
 
In short, the analysis comes down to a flat rejection of the reasoning in Roe and subsequent cases (particularly Casey) which held that the Constitution provides some protections for abortion. If this opinion is issued, there will be no such thing as "abortion rights," at least under the federal constitution (states could include abortion rights in their own constitutions).  
 
If it's real, it represents a real sea change. And I think it is real. 

Comments:
As a life long Catholic, a very outspoken and often very critical Catholic, I have maintained a position that the Church’s advocacy for ‘Life’ and the continued efforts to outlaw abortion were mostly misguided . . . as is much of the Pro-Choice movement.

Decades of debating when life begins, ‘personhood’ and the many other nuances of both the Pro-Life and Pro-Choice movements have, more often than not, done little to provide safe and secure homes to feed, clothe, shelter and educate the children’s lives that their contentious ‘Advocacy’ professes should be ‘Cherished’ . . . cherished while in the womb and often ‘unseen’ once outside the womb.

Amongst a large segment of our citizenry that advocates ‘not’ for universal health care, paid family leave, early pre-school, affordable day care, the dignity of work, affordable housing, expanded nutrition programs and more . . . it’s time both the Catholic Church and the Pro-Choice movements come together to ‘step-up’ their game . . . cast down their placard printed slogans and march into the communities they profess to serve and practice what they preach . . .

From Matthew 25:
`Truly, I say to you, as you did it to one of the least of these my brethren, you did it to me.'

[42] for I was hungry and you gave me no food, I was thirsty and you gave me no drink,
[43] I was a stranger and you did not welcome me, naked and you did not clothe me, sick and in prison and you did not visit me.'
[44] Then they also will answer, `Lord, when did we see thee hungry or thirsty or a stranger or naked or sick or in prison, and did not minister to thee?'
[45] Then he will answer them, `Truly, I say to you, as you did it not to one of the least of these, you did it not to me.'

Across the walls that divide, often only ‘talking points’ of both the Pro-Life and Pro-Choice movements are heard . . . hearts and hands unseen and concealed.

It’s time to ‘tear down’ the walls that separate, look into each other’s eyes, ‘See’ our brothers and sisters for who they truly are, join hearts and hands . . . and come together for the benefit of ‘All God’s Children’ . . . – New Christine

 
Agreed, New Christine!
 
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