The people who are most vocal about being upset about Roe v. Wade being overturned talk like they haven’t even looked at the Dobbs v Jackson Decision.
This is from the very first page of the written opinion:
Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.
Let’s look at the last part of that again, ’the authority to regulate abortion is returned to the people and their elected representatives.
SCOTUS’ job, relative to the Roe case, was to interpret the law. The court in 1973, judged that abortion was a Constitutional right. They were vague about exactly how that was possible, and what amendment made it so. They’d have to be vague, because there wasn’t anything which came close to addressing abortion. The results on Google say it’s the 14th Amendment and privacy – if you can trace that logic, let me know because I can’t.
The Dobbs Decision refutes this and says that the Constitution doesn’t address abortion. Since it doesn’t, there’s nothing for SCOTUS to interpret, therefore, Roe isn’t valid and SCOTUS has no say in the matter since it’s their job to interpret rather than legislate.
SCOTUS, therefore, basically announced that they were butting out of the issue and leaving it to the people to decide, they don’t have a dog in this fight. They have two dogs, but they’re removing them, because it’s not their business.
They’re not saying people can have abortions, they’re not saying people can’t, they’re saying it’s not up to them.
Frankly, this is refreshing. In an era when government is exerting influence where it doesnt need to be (I’m talking about Biden, yes, but also before that, going back decades_ and institutions using power they were never intended to have, the Supreme Court may be the only one who could be imposing their influence, but has chosen not to.
This hasn’t been appreciated. In fact, people seem to think they’re doing the opposite.
A woman I saw interviewed on the news said of this decision, “Frankly, the government trying to tell me what to do with my body feels like an act of violence.”
So, if she’d looked at the Dobbs Decision, she’d be rejoicing, because this decision is the court saying they’re not going to tell her what to do with her body.
She hasn’t looked at it. That’s why she’s upset.
The best statement though, came from Mad Maxine Waters. She said, “To hell with the Supreme Court. We will defy them.”
The Supreme Court said they were going to leave the decision to the people and their elected representatives. Waters is both. If she’s defying them, does that mean she’s unwilling to make the decision? Or she wants the court to make the decision so she can go against it? Wait, what? She’s not making any sense. That shouldn’t be a surprise. She seldom does, but in this case, she’s making even less sense than usual.
Activists and politicians are getting themselves all bent out of shape about what the Supreme Court did when it’s clear they have no idea what it did. The decision is 312 pages long, well-thought-out, referenced, explained and all these people know is Roe v. Wade got overturned and even that doesn’t mean what they think it does.
AOC piped up as well. If people are out there making themselves look ignorant, AOC is often leading the pack. In this case, I think she’s getting up staged by Mad Maxine, but even if she’s not in the lead, you can count on AOC to be out there, giving it her all, for ignorance. She’s claiming that SCOTUS has overreached their power and wants the White House or the Senate (depending on which statement you look at, she changed it up) to reign them in.
In her mind, the Supreme Court overturning their decisions related to abortion and becoming completely neutral on the issue is an overreach of power.
It’s the exact opposite. They’re not exerting any power on this issue anymore. The problem is that when they were abusing their power, with the Roe decision, and with Casey, the abuse of power benefitted her in her political goals, so she was cool with it.
It’s sad. We need better than this from people in our government and people who are politically active.
Here’s a link to that decision.