Posted on 09/23/2021 7:07:27 PM PDT by marshmallow
Judge Amul Thapar said the Supreme Court should reverse the 1973 Supreme Court decision that said abortion is a constitutional right.
(LifeSiteNews) — A federal judge reluctantly voted to block several pro-life laws, but urged the Supreme Court to overturn its landmark 1973 decision Roe v. Wade that imposed abortion on all 50 states.
Judge Amul Thapar said in a September 10 Sixth Circuit Court of Appeals decision that as a lower court judge he was “bound by the Supreme Court’s decisions” to strike down Tennessee’s Heartbeat Act. At the same time, he said it is time for Roe to be reversed.
President Donald Trump had nominated Thapar to the Court of Appeals in 2017 and had placed him on his shortlist for a Supreme Court nomination.
“Roe and [Planned Parenthood v. Casey] are wrong as a matter of constitutional text, structure, and history,” Thapar wrote in his partial dissent. He criticized Roe for creating a separate approach to law than what is generally recognized by the courts.
“There are rules for most cases, and then there are rules for abortion cases. This case proves the point,” Thapar said. Under Roe, Thapar argued, lower federal courts had to overturn laws passed by individual states.
“By manufacturing a right to abortion, Roe and Casey have denied the American people a voice on an important political issue,” Thapar argued. He said that the two main judicial philosophies, originalism and the living Constitution approach, should both lead to a reversal of Roe.
“The Roe/Casey framework doesn’t just conflict with the original understanding of the Constitution — it cannot be justified under any modern approach to constitutional interpretation,” Thapar said. “Even living constitutionalism, taken seriously, permits Tennessee’s (and many other states’) efforts to combat fetal pain. After all, the living constitution theory considers.......
(Excerpt) Read more at lifesitenews.com ...
I’d love to see it happen, but if it would my guess is we’d see rioting in the streets that would make the summer of 2020 pale in comparison.
Roe is NOT based on Law.
One would think that in the ensuing years the Congress would have acted.
But they dint.
This guy would have likely been the next SCOTUS nominee in a second Trump term.
great... the situation is terminal anyway. Let’s pull the plug and see what’s next.
Bttt
They should wait till after the midterms. Overturning this now would only help the democraps, the media would go to town with the spin. Nothing is more important than Repubs winning the midterms to neutralize Biden
Bring. It. On. Roe v. Wade is an abomination and needs to be overturned. Period.
Estimated 65,000,000 children have been brutally MURDERED and ripped out of their mothers womb because of an activst, rogue USSC in 1973. The role of the Supreme Court is to UPHOLD the law, not make it.
If there are riots in the streets then so be it. Let them riot. There will be retroactive abortions and the Democrats will have lost the country for a generation.
Well said! BUMP!
Joe Biden would use this decision to pack the court. He would appoint six new judges. Roe vs Wade upheld. 9-6.
No judge is bound by Supreme Court Precedent. They are bound by the Constitution.
He should have ruled in favor of the law since the law was constitutional. It is Roe v Wade that is unconstitutional.
Besides , Roe allowed for states to prohibit abortion where a fetus is “viable”. The presence of a hearbeat is proof of viability. Leave it alone and it will live. Kill it and you have taken away its right to life.
Thank you. Protecting the unborn and protecting children is an issue that's near and dear to my heart. Our Lord put that love of protecting the most innocent among us there and I intend to honor it.
Kavanaugh and his gang o whimps will wet their collective panties and cave at the first hint of that.
BTTT for prayers for this to happen.
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