Supreme Court Overturns Roe and Casey

by

Friday, June 24, 2022


Across our republic, millions are rejoicing over the Supreme Court’s ruling in Dobbs v. Jackson that overturned Roe v. Wade and Planned Parenthood v. Casey, recognizing that it is up to the states, not the courts, to determine what their abortion laws will be. We proudly join those celebrating the decision because of the millions of lives it will save. But we share that sentiment simply as fellow citizens and human beings who believe every life is precious, both the born and the unborn.

That sentiment is righteous and admirable, but it is a sentiment fit for the halls of our state legislatures, not our courts. We rejoice at this legal decision as one should rejoice for all correct legal decisions, because it upholds our Constitution, ridding our nation of the legally asinine precedents that for decades violated it. It needn’t matter whether one believes abortion to be an abomination, a fundamental right, or something of no importance whatsoever. We are all under the authority of the same Constitution and as the Supreme Court has rightly ruled, “The Constitution does not confer a right to abortion.”

At the center of the Court’s ruling was the issue of stare decisis, the high court doctrine encouraging the jurists to make decisions in keeping with the precedent established in previous cases. However, the majority opinion, written by Justice Alito and joined by Justices Thomas, Gorsuch, Kavanaugh, and Barrett reasons that “stare decisis is not an inexorable command”. The majority compares Roe v. Wade to another long-standing, “egregiously wrong” precedent–Plessy v. Ferguson, which the Supreme Court also overturned decades later in its famous Brown v. Board of Education ruling. In today’s ruling, the Court correctly determined that Roe was such a reprehensible departure from the Constitution, that it belongs in the same category as the infamous decision in Plessy.

By reading the rights to privacy and abortion into the Fourteenth Amendment rather than leaving the policy issue decision to state legislatures, the Roe and Casey Courts engaged in judicial activism and effectively downgraded the value of constitutional text by circumventing its words for their will. Justice Harry Blackmun narcissistically wrote his majority opinion in Roe under the guise that the Supreme Court could resolve arguments about abortion once and for all. Instead, his opinion was a confused and internally inconsistent series of arguments that satisfied no one as the issue of abortion is even more divisive today.

Accordingly, the entire conservative legal movement was built with the end goal of overturning the Court’s egregious mistake in Roe. Even in the face of the tremendous political pressure posed by the leak of the Dobbs opinion and threats from progressive activists, including an attempt on the life of Justice Brett Kavanaugh, we succeeded. Many conservatives were not sure that they would ever see this day come. Now, the question becomes “What’s next?

The pro-life movement must become ever-evolving, pursuant to the goal of creating a world where not only is abortion no longer a great stain of injustice on our society, but a world where no woman wishes to end the life of her unborn child. Support for the rights of the unborn must come in hand with building networks aimed toward helping the struggling mothers the abortion industry preys upon. 

Overturning Roe will not in itself protect the rights of the unborn. Many states will continue to allow abortion, on-demand, up until birth. These policies are disgraceful, but are for the time being legal in our post-Roe world. As sad as this fact may be, all it means is that there is still work to be done to protect society’s most vulnerable. 

The Editors comprise the editorial team for Lone Conservative.

The views expressed in this article are the opinion of the author and do not necessarily reflect those of Lone Conservative staff.


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The Editors comprise the editorial team for Lone Conservative.

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