JGalt
Diamond Member
- Mar 9, 2011
- 76,419
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I was listening to the car radio this morning and an anti-Trump ad came on. In the ad, they said that Donald Trump wants to deny women their "Constitutional right" to abortions, which is silly. Why does the left lie like that?
"The majority opinion was written by Justice Alito and joined by Justices Thomas, Gorsuch, Kavanaugh and Barrett. In it, Justice Alito writes that “stare decisis, the doctrine on which Casey’s controlling opinion was based, does not compel unending adherence to Roe’s abuse of judicial authority.” He goes on to say that “the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment.” Then, the opinion discusses abortion’s divergence from other Court rulings and the overextending authority of Roe..
The abortion right is also critically different from any other right that this Court has held to fall within the Fourteenth Amendment’s protection of ‘liberty.’ Roe’s defenders characterize the abortion right as similar to the rights recognized in past decisions involving matters such as intimate sexual relations, contraception, and marriage, but abortion is fundamentally different, as both Roe and Casey acknowledged, because it destroys what those decisions called ‘fetal life’ and what the law now before us describes as an ‘unborn' human being.
So, is abortion a constitutional right? No. Far from it. The legal rulings that previously declared abortion as a right lacked constitutionality. The majority opinions in Roe and Casey even acknowledge that the Constitution doesn’t protect abortion as a “fundamental right.” With the recent Dobbs ruling, the Supreme Court ruled solely on what is written in the Constitution instead of loosely implied – including the right to life.
The country is now closer to the Constitution’s intent than ever before. By protecting men and women’s safety both in and out of the womb, we are returning to our country’s equality-granting, fundamental, life-affirming roots."
Is Abortion A Constitutional Right?
"The majority opinion was written by Justice Alito and joined by Justices Thomas, Gorsuch, Kavanaugh and Barrett. In it, Justice Alito writes that “stare decisis, the doctrine on which Casey’s controlling opinion was based, does not compel unending adherence to Roe’s abuse of judicial authority.” He goes on to say that “the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment.” Then, the opinion discusses abortion’s divergence from other Court rulings and the overextending authority of Roe..
The abortion right is also critically different from any other right that this Court has held to fall within the Fourteenth Amendment’s protection of ‘liberty.’ Roe’s defenders characterize the abortion right as similar to the rights recognized in past decisions involving matters such as intimate sexual relations, contraception, and marriage, but abortion is fundamentally different, as both Roe and Casey acknowledged, because it destroys what those decisions called ‘fetal life’ and what the law now before us describes as an ‘unborn' human being.
So, is abortion a constitutional right? No. Far from it. The legal rulings that previously declared abortion as a right lacked constitutionality. The majority opinions in Roe and Casey even acknowledge that the Constitution doesn’t protect abortion as a “fundamental right.” With the recent Dobbs ruling, the Supreme Court ruled solely on what is written in the Constitution instead of loosely implied – including the right to life.
The country is now closer to the Constitution’s intent than ever before. By protecting men and women’s safety both in and out of the womb, we are returning to our country’s equality-granting, fundamental, life-affirming roots."
Is Abortion A Constitutional Right?