12.03.2021

The Supreme Court Considers Abortion

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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