over the next few days, the Supreme Court will decide a historic vote on Roe v Wade.
I'm somewhat of an expert on Constitutional Law and the Roe v Wade decision, in particular, and want to make 3 points.
1. The State Has Compelling Interest
Years ago I read an excellent book that is now out of print,
Sweet Land of Liberty. The whole book was an analysis of only 8 Supreme Court cases. The chapter on abortion opened with the claim the India Court used to justify
enforced abortions. As horrifying as that rationalization is, it is the EXACT same rationalization actually used in the poorly decided Roe v Wade case. In that decision, the Court left the matter wide open to be over-turned in the future.
You see, most people know OF the hot button case but few people have actually read the TEXT of the decision. They decided then based on the temporal consideration and determination, contrary to the India Court, that the United States of America has no compelling interest in the matter. We do now.
The compelling interest for any State is survival through time. And America's birth rate has now reached the suicidal level of 1.8. For those not mathematically inclined, it takes a birth rate of 2.1 to
sustain a population: 2 children to replace the parents + a fraction more to account for the low probability one of the offspring do not live long enough to reproduce themselves.
For most of this century, America hovered at 1.9 - 2.0, marginally sustainable. Over the last few years, that number has dipped to the suicidal level that many countries in the West are suffering from. Our culture's survival is at stake. And once one embraces the rational of the Roe -v Wade decision, it is not possible to come to any other conclusion than the United States of America now DOES have a compelling interest in the case.
2. Limitations on the Contrived Right to Privacy
The most likely verdict will disappoint all sides. Back in the 1970's there was the scientific question of 'viability' of the fetus. Modern technology moves back that timeline to practically limit further - but not philosophically reject out of hand - the contrived right to privacy.
Many States have already put limits on when a baby can be aborted. Few allow 3rd trimester abortions. So, the most likely verdict is to establish a uniform or national number of weeks when it is
legally AOK to slaughter innocence.
3. Federalism: The Strongest Argument to Overturn Roe v Wade
I am not a Conservative. In my opinion, both sides use Big Government to do their bidding. I am a Libertarian and advocate for small government. The Founding Father's embrace of this was incorporated into the Bill of Rights at the 10th Amendment. The principal of Federalism is that any power not
explicitly stated in the Constitution is reserved for the States.
The Court has a shining opportunity to deny the power the petitioners of over-reaching government seek. And this is a bullet proof argument to over-turn Roe v Wade.
Again, this will disappoint both sides as it means the matter will be settled in the 50 Sovereign States - like it should have from the beginning. Have faith my friends! It is a Leftist ploy to seek the Liberal Courts to judicially do that which has never been legislatively sanctioned. No legislature has voted to slaughter babies in our Constitutionally-limited federal republic.
Let me say it again. This is a matter that is not properly decided by the national judiciary. This is a matter that is properly decided by the States and the legislatures therein. On a county by county basis, our nation is overwhelmingly Conservative and will doubtless support Life. (There will always be concentrations of Leftism in the population centers.)
It is wrong for us to argue for rights to be taken away. However, the Buddha said,
"The beginning of wisdom is to call things by their proper name" and calling an entitlement to kill babies a 'right' is a misnomer. It is not a right but the most evil of entitlements. Let the good people of each State vote their conscience. 'Power to the People' the Left say until it does not serve their interests. I trust my fellow Bible and gun clinging American citizens.
Steve Cioccolanti famously said
the entire Bible can be summed up in 2 words: Choose Life. Amen and Amen.
