Roe v. Wade needs to be overturned. Abortion is not a Constitutional right. If the left wishes it to be, they need to follow Article V.
The proggies are in a full court press to defeat Trump’s nominee to the Supreme Court, Brett Kavanaugh. According to the DNC website:
WHAT’S AT STAKE
A vote to confirm Brett Kavanaugh to the Supreme Court is a vote to overturn Roe v. Wade . . .
Are they right? If Kavangugh is the originalist that his record suggests, then quite likely.
In any event, let’s hope they are right. Who controls our country, we the 310 million people through our elected representatives, or five unelected judges ruling at their whim like a politburo, facing no consequences for their assault on our Constitution?
No decision has done more to skew our politics over the past half century than Roe v. Wade. The decision was as pure an act of judicial activism as we’ve ever seen. It was at least as much an act of judicial activism as the obscene homosexual romance novel crafted by Justice Kennedy in Obergefell. It was obscene not in a prurient sense, but rather in its assault on the Constitution.
When I say “judicial activism,” I mean a judicial invention of a new right declared from the bench in complete contravention of Article V of the Constitution. Let’s go through this step by step.
An originalist looks at the time frame in which the Constitution or a particular Amendment was passed. Question one they would ask is whether, when a particular principal was announced, a particular condition existed? So, when the 14th Amendment was passed, were abortions known to society? If so, then the next question is whether there is any evidence that the condition was within the contemplation of those who drafted, debated, or voted upon the Amendment? If the answer is no, that answers the Constitutional question in the negative.
If anyone wants to change that answer — if they wish to change the Constitution or add a new right in its Amendments, then their recourse is not to the Courts. Per Article V of the Constitution, an Amendment to the Constitution can only be done by a Constitutional Convention or 2/3rds ratification by federal and state legislatures. Neither involves the Courts. Not even wise Latina justices full of empathy. Period.