Posted on 09/10/2021 8:54:13 AM PDT by TBP
Since January 1973, when the Supreme Court issued its opinion in Roe v. Wade, abortion has been lawful everywhere in the United States up to the time of fetal viability, after about 24 weeks of gestation. This principle has been challenged many times in many courts, and it has always been upheld.
The Supreme Court has faithfully upheld Roe every time it has come before the court. Sadly, Roe also permits the states to permit abortion up to the moment before birth, as some states do.
Texas, the state where Roe began, recently enacted legislation that directly contradicts Roe’s central holding. The Texas statute prohibits abortions upon the detection of a fetal heartbeat after about six weeks of gestation. That legislation was challenged by abortion providers in a federal court.
When a federal appellate court declined to enjoin the enforcement of the Texas statute, its challengers filed an emergency appeal with the Supreme Court. Last Wednesday at midnight, a bitterly divided Supreme Court released a 5-to-4 opinion in which the majority declined to interfere with the Texas law.
An emergency appeal is rarely granted. It basically argues that the behavior it seeks to enjoin is so blatantly unlawful, unconstitutional, and harmful — and the evidence in support of the appeal is so overwhelming — that the Supreme Court ought not to await a trial below before putting the brakes on it.
(Excerpt) Read more at washingtontimes.com ...
Amendment 10
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.
+++++++++++++++
Still looking for the constitutional provision assigning power over abortion to the federal government. If it doesn’t exist then the federal government doesn’t have power over it.
Period.
"The Texas legislature may have unwittingly ignited a brushfire of freedom with its abortion legislation. It peacefully says to the feds: “You, too, are subject to the Constitution.” If nullification spreads, it is the most effective peaceful tool for returning the federal government to the confines of the Constitution — a place it won’t recognize. The alternative is more dictates from Washington, the Constitution be damned."
Bold emphasis mine.
Interesting take.
Wow - I did not know he was staunchly Pro-Life. A thoughtful and reasoned article by The Nap. (No TDS involved so a little pleasantly surprised at the writing.)
I was just about to post the same passage when I saw yours. I guess it's true what they say about great minds, huh?
I have noticed Gubmint Bureaucrats get really offended when someone mentions Jury Nullification and Informed Jurors in any Court activity.
The Constitution supports LIFE (except for infants), Liberty (except for conservative protesters and non-vaxxers) and the pursuit of Happiness (through open borders, vaccine mandates and wild excessive spending).
Articles like this are more PROOF that are public schools are nothing more than indoctrination centers....
If people would study our Constitution and history they would KNOW a SCOTUS decision is NOT a LAW. Cannot pass as a Law and is NOT binding!!!
When the SCOTUS makes a decision it is up to the Legislative branch to write into law and for the Executive branch to sign into law.
This is WHY we have 3 branches of government.
Roe v. Wade or any other decision by the SCOTUS IS NOT LAW!!!!!
DO YOUR HOMEWORK PEOPLE!!!!!
“The power of the Court to implement its decisions is limited. For example, in the famous 1954 case Brown v. Board of Education of Topeka, the justices ruled that racial segregation (separate but equal) in public places is unconstitutional. But, it took many years for school districts to desegregate.
The Court has no means (such as an army) to force implementation. Instead, it must count on the executive and legislative branches to back its decisions. In the Civil Rights Movement, the Court led the way, but the other branches had to follow before real change could take place.”
https://www.ushistory.org/gov/9c.asp
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