The presence of these individuals in court is the culmination of decades of efforts by anti-abortionists and other right-wing forces to transform the court into a regressive breakwater. This was never a secret. And with the help of the Senate, former President Donald Trump, and allies of the conservative legal movement under Mitch McConnell, they succeeded.
The central logic of Dobbs’s decision is superficially simple, and his opinion is virtually the same as Judge Arito’s draft distributed to other judges in February, which was leaked to the press last month. According to the ruling, Law and Casey said, “The Constitution does not mention abortion, and such rights are implicitly protected by any constitutional provision, including the guarantee of due process in the Fourteenth Amendment. It has not been “, so it must be rejected. The provisions are retained to guarantee certain rights not explicitly mentioned in the Constitution, but such rights must be “deeply rooted in the history and traditions of this country.”
The majority of the reasoning is that the right to abortion is not “deeply rooted” in American history and tradition. The U.S. Constitution was written by a small group of wealthy white men, many of whom own slaves, and the women in them, if not all, are second-class citizens without saying anything about politics. I was thinking.
Three opponents of the Dobbs case, Judge Stephen Breyer, Judge Sonia Sotomayor, and Judge Elena Kagan, point out that the very narrow definition of “deeply rooted” rights poses a threat beyond reproductive freedom. And complained of the majority’s injustice. Opponents said it was impossible to believe that the majority denied this, saying: Or, if so, all rights without history dating back to the mid-19th century are not safe. “
In other words, the court is not going to stop with an abortion. If you think it’s an exaggeration, consider Judge Clarence Thomas’s consensus at Dobbs. He urged the court to reconsider other constitutional rights that Americans have enjoyed for decades. The right to marry a person of your choice and agree to act as you please in the privacy of your bedroom without the adult being arrested and charged with a crime. These rights share the same constitutional grounds as the current right to abortion, and Judge Thomas rejects the grounds and asks the court to “… eliminate it as soon as possible.” ..
This position may not command the majority of judges today, but six years ago, few considered the Roe v. Wade case. Wade will be turned over. Brett Kavanaugh mentioned the Roe v. Wade case at a confirmation hearing in 2018.Wade “”It is an important case of the Supreme Court that has been reconfirmed many times. He added: “Casey decided to rethink it specifically, apply the gaze determinants, and reaffirm it. It sets Casey as a precedent.”