Wednesday, September 14, 2022

Why Dems Will NOT Codify Roe v Wade

 

There are two huge reasons why Democrats will not pass legislation to codify Roe v Wade at a national level as they are promising.  First, even the late Supreme Court Justice Ruth Bader Ginsburg believed that Roe v Wade was bad law from the beginning. That idea was echoed by Justice Samuel Alito in the Dobbs decision which struck down Roe.  Justice Ginsburg was a true supporter of a woman’s right to choose, but said that in the case of Roe, the court should have simply struck down the Texas law (the most limiting in the country) as unconstitutional, “and then put down its pen”.  She believed that the job of setting restrictions on abortions rests in the hands of “the people”, or in other words, in the hands of the state legislators.  And, with the Dobbs decision, that is exactly where that decision lies today.

So, to be clear, the Dobbs decision does not make abortion illegal across the country as many people erroneously believe.  It simply returns the limitations on abortion rights back to the states, a fact the Democrats are fighting hard to obscure.  The state of California, for example, has much more liberal (lenient) restrictions on abortion than the state of Mississippi and “the people” in those states and every other state will decide what qualifications they want to make on abortion through the election of their state legislators.  

However, maybe the biggest reason that Roe will not be codified by the Democrats, as they are promising for the 2022 midterms, is that their position of abortion on demand is not popular around the country.  In fact, 90% of Americans oppose the Democrat position of abortion at any time, even up to the moment of birth, for any reason, like the mother decides she doesn’t want the gender of the baby in her womb.  This position, which may someday be found to be unconstitutional, is being hidden by the Democrat Party because it is so incredibly unpopular throughout the country.

Democrats may be successful at hiding their intentions on abortion until after the midterms (yes, this is a pathetic, short-term effort) but even if they were to keep both the House and the Senate in 2022, which is unlikely, they will not pass legislation that would legalize abortion on demand through the ninth month because they won’t even be able to get their own members to support it.  

That’s the good news and the bad news.  The good news is that Roe will not be codified at a national level, because the law now places that power in the hands of state legislatures across the country where it belongs.  The bad news is that, with the help of the lame-stream media, millions of deceived people will be voting in the fall with a complete misunderstanding of the abortion issue.  Hopefully, my readers will at least be able to make an informed decision in November with a full understanding of the abortion issue in this country.

5 comments:

  1. "a fact the Democrats are fighting hard to obscure."

    If they're fighting hard to obscure it, why are they making it clear that states set the limits in all the state governor and legislature races, including here in your own state? Not sure how you haven't seen this.

    " Hopefully, my readers will at least be able to make an informed decision in November with a full understanding of the abortion issue in this country."

    If that's truly the goal, you may want to inform your readers about Lindsay Graham's bill to federalize abortion limits announced the day before yesterday, which he and Mitch are already fighting about. I'm guessing Fox or Newsmax aren't talking about it?

    https://www.nationalreview.com/news/mcconnell-not-supportive-of-grahams-abortion-ban-proposal/

    Dobbs has proven to be a disaster for Repubs electorally, and they've ridden abortion so hard as an issue for 30 years they're not sure what to do now. It was easy to be full against it when the Courts protected you from the consequences, but now the consequences lie on them. One of the loudest parts of the GOP base is no abortion at any time, like some Southern states passed for years knowing they'd get struck down. Much like the Dems have a loud portion of their base that is for abortion at any time. The general public is more nuanced, and the GOP is realizing this post the Kansas vote, and at an incredibly bad time of year.

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  2. Matt what is your position on abortion? I've heard you are a libertarian which is hard for me to believe based on your feedback on this site.

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    1. I struggle with it honestly. As a Catholic, I want to adopt the Church's view, but as a man I feel conflicted on dictating to a woman that she carry a child put there as a result of rape or incest. At the same time, I understand that the child did not cause that. And though I lean toward opposition, would I jail a woman for it in the first trimester? How about her doctor? I can't get there either. So as I said, I struggle. You?

      You should read my feedback more closely, and not equate disgust with the GOP as disgust with conservatism as I grew up with it.

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    2. I appreciate the feedback, I am against abortion in any case except life of mother, and in talking to doctors in 98% of those cases it's not really abortion it's inducing labor to take the baby early to give both living humans a chance at life. I can appreciate the hesitancy in cases of rape or incest but I believe personhood begins at conception and that no person should be killed because of the crimes of someone else.

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    3. And I appreciate that position. It's a tough, tough issue and there are not clear answers. Even pre-Roe, the states differed. The first part of the Roe decision goes through the history of the law in America on the subject.

      I also think it's interesting in terms of how it affects other areas of the law. Are a mother and doctor to be charged with murder? Who decides if the mother's life is at stake? If you are in a car wreck and pregnant and the pregnancy is lost, is the at-fault driver subject to a claim by the fetus? How do you value that claim in states where there are non-economic damage caps?

      Not to say the answers can't be found or agreed upon, it's just things we have to work through as a society.

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