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Monday, June 27, 2022

Why The Supreme Court Got It Right On Abortion

I did take sides on the vaccine mandates.
I am going to tread here carefully. I am not taking sides on the abortion issue. Although, I still would like to explain the ruling. That's my job here, to make the complex sound easy. 

I have had some friends of mine asking me questions about the Supreme Court Decision on Abortion. And the question goes like this: "How can the Supreme Court rule that gun control laws are unconstitutional and cannot be ruled upon by the States. Yet a day later they rule that abortion is unconstitutional and should be ruled upon by the states."  

Well, that is actually a simple one. The second amendment specifically states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

So, gun rights is specifically mentioned in the Constitution. And so no state or federal congress person shall make any law that takes away second amendment rights. It is right there in the Constitution. 

Abortion, on the other hand, is not mentioned in the Constitution. There is no mention of it. In fact, this is so true that the dissent did not even cite the Constitution one time in their greater than 60 page dissension. What they did in fact do was make a great case for any Congress to pass abortion legislature. But, legislating is not the role of the Supreme Court. The role of the Supreme Court is to decide whether or not a law is constitutional. That's it. And that is why Rowe got it wrong back in 1972. And why this current ruling got it right. 

Therefore, this is where the Supreme Court looked at the 10th amendment, which says that anything not mentioned in the Constitution is left for the people and the states to decide. And this is why the Supreme court ruled how it did. 

This is true whether you support abortion or not. And I'm not taking sides here. I'm just explaining the decision. 

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