Posted on 06/26/2022 3:57:55 AM PDT by Morgana
The Supreme Court’s decision in the Dobbs case is both smaller and larger than it might first appear.
Smaller Than It Seems
It’s smaller in the sense that in and of itself the decision bans precisely zero abortions. To be sure, you might not know that to hear President Biden, who said on June 24:
Today, the Supreme Court of the United States expressly took away a constitutional right from the American people that it already recognized. They didn’t limit it. They simply took it away. That’s never been done . . . but they did it.
Yet despite all the hyperventilating from Democrats, the left-wing media, and outrage-mongers, Dobbs merely returns the question of abortion to the states, leaving it for them to decide. So when Rep. Maxine Waters (D-CA) said that Americans should “defy” the Dobbs ruling, Sen. Mike Lee (R-UT) responded coolly that there’s nothing to defy. That’s the genius of federalism, also known as states’ rights.
Federalism—the idea that states should have the sovereignty to decide most matters for themselves —is firmly embedded in our Constitution. Indeed, as was argued in the Federalist Papers, the 85 essays published in 1787-1788 aimed at rallying support for the ratification of the Constitution, the states in many ways are prior to the federal government. For instance, in Federalist 45, James Madison, principal author of the Constitution, wrote, “The State government will have the advantage of the Federal government.” And why was this? For one thing, Madison argued that the states, being closer to home, are more likely to enjoy the “probable support of the people.”
Lest there be any doubt about the importance of the states, in 1791 the Founders enacted the Tenth Amendment, which reads in its entirety:
(Excerpt) Read more at breitbart.com ...
Taking away a non contittuional right that never existed is impossible to do.
Those pro-abortion folks know there is no right to abortion. The whole is associated with "women's rights"....and their ignorant vote.
Bet Hillary is going out of her mind...
And we now know one of the big reasons that Trump won...
It is the same solution as used initially for slavery.
Not ideal, but when a nation is not at a consensus with regards to a dealing with a disorder that has become knit into its social fabric, it is far better than leaving it to the highest level of the oligarchy.
Now get the Feds out of school business....particularly the student loan business and lunch business.
The Constitutional Right being taken away this week is R2KBA.
That's not true, Biden. There never was a constitutional right to abortion, only a made up right by a previous flawed Supreme Court decision. They simply moved the decision back to the states where it belongs since there's nothing in the Constitution about it.
The federal government is the dominant entity in our lives, not the states; this will not change, in spite of the Dobbs decision. The Affordable Care Act, a most heinous legislation that, more than any in modern times, blatantly usurps the rights of the individual. It is clearly unconstitutional, but SCOTUS doesn’t seem to care, as it remains legally complete and intact. The court’s most recent decision on the ACA was only last year; at that time the concept of “federalism” apparently wasn’t strong enough.
SCOTUS Upholds Obamacare 7-2 With Kavanaugh, Barrett Joining the Majority
from public integrity.org: (not a link)
When the Affordable Care Act (ACA), or Obamacare, was initially enacted in 2010, the healthcare reform law was contentious, to say the least. Several groups and even states filed lawsuits contesting parts of the law, or the entire program.
Although the law went through a number of adjustments as the rollout continued, the law held up under lawsuits going all the way up to the Supreme Court and implementation proceeded. Even so, several states have attempted to find ways to opt out.
However, the ACA is a federal law, and no individual state can opt out. Every U.S. citizen is required by law to obtain health coverage that meets mandatory minimum standards or face penalties for failure to comply.
The lefts fear of federalism is the road block for Marxism they so admire.
It’s we the people not we the government.
It was there if you saw the “emanating penumbras”, “solar flares”, “cosmic rays” and perhaps “Ancient Aliens” emanating from the text that Blackmun saw.
Unless I missed some news the “penalty” is still $0 from the Trump administration.
It is. But the law - including the individual mandate - is here to stay. And in the current political climate - as well as the very real threat of a globalist takeover of healthcare, who can say what will happen in the future.
The ACA is a putrid stinking mess of a law and SCOTUS had to bend itself sideways and backwards to keep it intact. It was a blatant federal takeover of healthcare.
I respect the justices as individuals, but Dobbs doesn’t wave a magic wand over anything. And those stating that with Dobbs SCOTUS “is returning power to the states,” doesn’t sell. The states lost most of their power a long time ago.
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