Two days ago, I listened to the oral arguments before our
nation’s Supreme Court regarding abortion.
Mississippi has enacted a law banning abortion after 15
weeks’ gestation.
Abortion advocates have challenged it.
At 10:00am sharp Wednesday, the court heard an argument from
MS, for the first time I believe in
almost 50 years, that Roe v. Wade should be overruled, and that the
states should be able to decide the issue themselves.
Some observations:
1. The liberal justices used irrational emotion to make
their case.
They were appalled, incredulous, that this was even being
argued. Such a basic right! Their tone and rhetoric was emotional. I think they are on the defensive know the
majority of justices may go against them.
2. They also pointed to precedent. Overturning precedent (Roe) will make us seem
political and corrode the authority of our institution. This is a play at the chief justice’s
vote. His priority is to maintain the
prestige of the institution, more than anything. Since that should not be the ultimate
priority of ANY institution, he is manipulable, and will wind up corroding the
authority of the institution, by his own decisions. (This happens everywhere in life: if you
idolize the church, you’ll warp its shape and function into something it shouldn’t
be. If you idolize the family, you won’t
raise your kids rightly.)
3. Sotomayor’s argument was the most gruesome: brain-dead
people respond muscularly to pokes, so why is fetal pain relevant? God will judge this with His vengeance, in
His time. As He will the court’s past
declarations in Casey and Obergefell, that people have a right to define life
and its meaning as they want to.
4. The conservatives are divided between overturning Roe, or
just adjusting its criteria of when the timeline of gestation in a law becomes
unconstitutional. Alito and Thomas’ line
of questioning showed they are willing to overturn an “egregiously wrong”
decision, regardless of recent precedent, as the court did against Brown and
Plessy. But Roberts wants a narrow
ruling, as always, just deciding if MS’s 15 week rule is constitutional. This
will likely result in Roe NOT being overturned, I think. Gorsuch will follow Roberts, Barrett will
side with Alito and Thomas. The 6 of
them WILL uphold the MS law, which is a good thing. But only 3 are willing to overrule Roe,
outright.
5. Don’t forget the political fallout from this. I believe it will galvanize the left to come
out in force in the mid-terms next year.
The coming red wave everyone is talking about will be blunted by this
decision, which will be revealed in June – perfect timing for elections in
November. People tend to vote AGAINST
what just happened, not so much FOR what they want.
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