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Bowers v. Hardwick was settled law, too. The lefties had no problem overturning that.
Roe v Wade was always a legal fiction. The penumbra? The right to privacy? These things aren’t there. That house was built on sand.
Striking down legal segregation was more than 60 years ago.
Roberts will be remembered as the man who oversaw the total collapse of the court because he played politics all the time instead of looking to the law.
Roe was based on faulty medical beliefs.
No consideration was given to DNA sourced partially from a father nor to the ability to supply growth nutrients to a fetus.
If you have a bulging belly one week and next week you don’t, people will notice. The right to privacy theory is nonsense.
Roe was always conditioned on fetal viability. Modern medicine advances rapidly.
FR: Never Accept the Premise of Your Opponent’s Argument
What misguided, post-17th Amendment (17A) ratification, post-FDR era, institutionally indoctrinated Supreme Court justices are regularly failing to do (blatantly ignoring?) when establishing case precedents in our constitutional republic to also protect constitutional division of federal and state powers evidenced by the 10th Amendment (10A).
"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
In fact, in stark contrast to the Supreme Court's emphasis of the already clear meaning of 10A in the excerpt from United States v. Butler above, using inappropriate words like “concept” and “implicit,” here is what was left of 10A after FDR's state sovereignty-ignoring activist justices got finished with it in Wickard v. Filburn (Wickard), wrongly deciding that case in Congress's favor imo.
"In discussion and decision, the point of reference, instead of being what was "necessary and proper" to the exercise by Congress of its granted power, was often some concept [???] of sovereignty thought to be implicit [??? emphases added] in the status of statehood. Certain activities such as "production," manufacturing, and "mining" were occasionally said to be within the province of state governments and beyond the power of Congress under the Commerce Clause." —Wickard v. Filburn, 1942.
Democrats and RINOs have since been using the Supreme Court's political correct "repeal" of 10A in Wickard to justify all kinds of unconstitutional interference in the affairs of the sovereign states imo.
Insights welcome.
Finally, it remains that we have a very corrupt, alleged election-stealing, elite Democratic and RINO-controlled Congress that cannot be expected to its constitutionally enumerated duty to expel Constitution-ignoring career lawmakers under Article I, Section 5, Clause 2 (1.5.2) or Section 3 of the 14th Amendment.
"Article I, Section 5, Clause 2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member [emphasis added]."
"14th Amendment, Section 3: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof [emphases added]. But Congress may by a vote of two-thirds of each House, remove such disability."
So it's up to Trump's red tsunami of patriot supporters to peacefully exercise their voting power in 2022 midterm elections to effectively make 1.5.2 and Section 3 work, applying Section 3 to both federal and state governments.
And speaking of voting power, patriots are reminded that they must vote twice this election year. Your first vote is to primary career RINO incumbents. Your second vote is to replace outgoing Democrats and RINOs with Trump-endorsed patriot candidates. (Good work OH, IN patriots on yesterday primaries!)
Again, insights welcome.
the court overturned 1000’s of years of precedent to make gay marriage legal!
This Hass to irritate Roberts to no end since he’s so stuck on precedents. What they should be doing is not having precedence But rather judging each case by the constitution in the Bill of Rights alone.
The ninth circuit has been ignoring Supreme Court precedence for decades.