Let the shit storm begin! NO, the Supreme Court has not made a final ruling on whether Roe v Wade will be overturned. An initial draft illegally leaked indicates that it is a possibility.
But this possible ruling could have catastrophic consequences for the side that thinks they won.
Regardless of whether you are Pro Choice or Pro Life, the ruling in this draft is and always was the correct legal take. The original Roe v Wade was a politicized ruling and one of the prime examples of legislating from the bench. No where is the right to an abortion listed in the Constitution, nor is privacy inherit. I defy you to show me otherwise. Therefore the matter should have ALWAYS been left to the States. Which if this draft opinion holds, is where the decision will go. There will not be a nationwide ban on abortion.
Sure I think long standing precedent has some bearing in this case, but what emphasis it should be given when a decision is clearly flawed, I couldn’t say.
But before Pro Lifers start celebrating, they should be aware of the ramifications of such a decision, and more importantly, the timing. Because Timing is everything.
Prior to this suspiciously unusual leak, it was pretty much a given that Republicans would sweep the midterms and potentially regain control of both Houses.
The midterm battle was focused on inflation, COVID tyranny and unrest around the globe. It was going to be a referendum on a senile President and a party being led by extremists.
But Americans have short attention spans and the newest shiny object just happens to be timed to coincide with voting in the midterms. And opinions on Roe are varied and nuanced. While pretty evenly divided in generic terms, based on polling, a slight majority favor access to safe abortions during the first trimester with restrictions in later trimesters.
And just wait for the hypocrisy! First it should be noted that all of a sudden Twitter is FINE with posting hacked or stolen information (unlike when then banned the New York Post over Hunter’s laptop information that was LEGALLY obtained). Next, we will see everybody switch sides regarding the “my body, my choice” argument. Republicans, who demanded personal control over the choice to be vaccinated will now revel in State legislature’s control and the “if it saves one life” defense. And Democrats, who forgot their mantra during COVID, when they supported the firing, ostracizing and denial of medical care to the unvaccinated, will once again chant it ad nauseam. They will also suddenly be able to clearly define a woman.
The hysteria is expected over such a landmark case, but in reality little will change. Moderate to progressive states will still provide access to abortions and Conservative States, who already have severely limited access, will continue down that path.
In a nation that is hopelessly divided 50/50 on just about every issue, any one thing can tip the scales of an election. So what could change is who controls the House and Senate, which has far greater consequences for our personal well being and the well being of our Country.
To my critics I would just add that yes, I agree the opinion in the draft is the correct legal take, but those who want a Theocracy are equally dangerous.