Sunday, July 15, 2018

The Obsession With Roe

H.L. Mencken once observed that the greatest glory of the Constitution was that it can be read and understood by anyone at a 10th grade reading level, and it could be done in 15 minutes. Now we have added a few amendments since Mencken, but I agree with his observation.

Now take that same 10th grader, give him a copy of the Constitution, and the task of finding any justification for the Roe vs. Wade decision. Even give him a hint, “Johnny look for a penumbra of rights.” Johnny wouldn’t be able to find it. Because Justices Blackman, Stewart, Douglas, Potter, Burger, Marshall, and Powell made it up.

One thing liberals don't understand is that we conservatives are not looking to the courts to stop abortion, rather we want the courts to rule on the law and the Constitution, and not legislate from the bench. Overturning Roe would not outlaw abortion, it will simply allow states to have their own abortion laws. If Roe were to be overturned would New Jersey outlaw abortion? Would Massachusetts or New York? I highly doubt it.

But to the left Roe v. Wade is sacred. It is precedent don’t cha know. It is settle law, like anthropogenic global warming is settle science. Off limits to all debate.

The Supreme Court’s job is to interpret the Constitution as it was written and amended. This statement may keep me from ever being nominated to the Supreme court, but I will say it. Precedent is not that important, actually it doesn’t matter. In other words, it deserves very little consideration.

In minutes after Kennedy announced his decision to retire the mainstream media started wringing their hands with worry about the legacy of Roe. The sky is falling, the barbarians are taking over. As if a country without Roe would be akin to the fall of Rome.

In the weeks before President Trump nominated Judge Kavanaugh and since I estimate that NBC leftist Chuck Todd has spent at least 60 percent of his time on air discussing abortion, which may or may not ever again be taken up by the Supreme Court. Jake Tapper and Wolf Blitzer may have spent even more time talking about it.

But as Bob Dylan once sang, “These times they are a changing.” One more conservative on the Supreme Court and we will have a conservative Judicial branch of government for at least a decade. Precedent be damned.

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