Bye Bye, Roe

"We hold that Roe and Casey are overruled." Justice Alito

For the pro-life movement, sweeter words have never been written. With one short sentence, the legal abominations that are Roe and Casey are set to be sent into the dark pits of unconstitutional Supreme Court precedents. Those two terrible decisions will be laid to rest, finally, along with such opinions as Dred Scott, Korematsu, and the like.

Roe and Casey have similar qualities as Dred Scott and Korematsu: nowhere in the Constitution of the United States is there any basis for the legal holdings. Zero. None. Throwing out Roe is a signal of respect and a step towards restoring our core foundations as a nation of laws.

The White House, Progressives, and even some republicans (Lisa Murkowski, et. al.), are lamenting that “Roe is the law of the land.” Nothing could be further from the truth. Those who argue Roe as such get our Constitution backward.

Article VI, Clause II, the oft forgotten Supremacy Clause, states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land…” (Emphasis added.) The Constitution is the sole source of authority for any federal law and any federal law made without constitutional support (i.e. not in pursuit of the Consitution) is facially invalid.

Democrats are in full attack stating they must “codify” Roe. Except, such legislation would still be unconstitutional at the federal level. Trust me, there is no explicit or implicit right to murder a baby in the womb, anywhere, in the document. Something tells me the Founder’s would have written that one down.

Ironically, for all the love Democrats have for a powerful centralized government and disdain for America’s founding. They may now come to appreciate the Founder’s creation of a constitutional federal republic, with dual sovereigns. That is, each state is a sovereign, and so is the federal government. Not so ironic, the last time Democrats embraced the Tenth Amendment and states’ rights, they were fighting for something as treacherous as abortion: slavery.

I understand why progressives are in full-blown meltdown mode. Radical leftists continually lose public debates regarding ideology. Because, as it turns out, the overwhelming majority of Americans do not want what they have to offer. A lot of people enjoy freedom, a morally just society, and capitalism. Go figure.

Thus, instead of putting their ideas to the test through our republic’s legislative procedural process. Beginning with the New Deal legislation, Radical Progressives started using the courts to force upon the American public their unconstitutional unwanted, ineffective, and immoral propositions.

That strategy, along with publicly shaming and chastising all who oppose them, has been a winning one for the radical left for almost a century. There has not been a Supreme Court with a spine thick enough to reverse the onslaught of illogical and unconstitutional “legal rights” made from whole cloth. Until now, it seems.

The leftist outrage we will see in the coming months is all a façade, as well. I am not saying that the young woke progressives’ cries and complaints of a future where The Handmade’s Tails come true. Followed by witch trials, fire and brimstone, and the end of the world. All because the Court reversed Roe, are not valid feelings and thoughts they are having. They are.

But those thoughts are not tied to what will actually happen, here, in reality.

Long ago, in a United States far, far away. There was a time before Roe. In fact, most of our nation’s history finds itself in this period. As Justice Alito’s draft opinion wonderfully and articulately explains.

What will happen is the issue of whether there should be laws and regulations allowing women to kill the unborn will become a state-by-state issue. States that want to outlaw it, criminalize it, or severely limit it, will be allowed to do so. As has been the case for hundreds of years before Roe. Before Roe, almost forty states had bans on abortion.

If Justice Alito’s opinion stays as is, liberal utopias such as California and New York will…not change. It will not be the end of the world. It will be the end of imposing the radical progressive minority’s world on the majority of the country.

Only that, in some states, you will still be allowed to end a little one’s world before it begins. And other states, thankfully, will have the power to protect a little one’s world.