Lucky for woman’s right to choose? Yes! Roe vs Wade was decided wrong. And those that say it was, is not an indication of their feelings regarding a “woman’s right to choose”. It is an indication that the majority opinion in Roe does not conform to the defined and limited authority delegated to our federal government.
When Justice Thomas WROTE that Roe v. Wade “created the right to abortion out of whole cloth, without a shred of support from the Constitution’s text”, he was stating a fact! Justice Thomas did not author or help to ratify our Constitution, or any of its amendments. But he did take an oath to support and defend the will of the people as they have expressed it in a written constitution, part of which in, express terms, commands:
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. ___ Tenth Amendment.
And, the Tenth Amendment’s very object is stated as follows:
“ The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State." ___ Federalist 45
So tell us. Should our Justices take it upon themselves to pretend our Constitution does not mean what its text states, nor was intended by its framers and those who ratified it, and impose their personal sense of fairness, reasonableness, or justice as the rule of law?
Why have a written constitution adopted by the people, if its defined and limited grants of power can be set aside or altered by the very people it was designed to control and regulate?
JWK
“The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges’ views of fairness, reasonableness, or justice.” – Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968
