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Friday, August 19, 2022

The wrath of Roe v. Wade highlights the growing rift between the American people and their supreme court

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It all stems from the supreme court’s decision to undo nearly 50 years of precedent. But it is also a powerful gauge of the growing gap between the people of the United States and their supreme court.

Most are not apologetic. Instrumental in Friday’s ruling were the three judges that former President Donald Trump brought before the court: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Together with Judges Samuel Alito and Clarence Thomas, the court’s conservatives wrote a strong majority opinion.

“Roe was gravely wrong from the outset. Its argument was particularly weak and the decision had disastrous consequences. And without bringing about a national solution to the abortion problem, Roe and Casey were quoted as saying. causing controversy and deepening divisions,” opinion statuses.

After: “It is time to heed the Constitution and return the abortion issue to the elected representatives of the people.”

And finally: “We end this opinion from where we started. Abortion raises a profound ethical question. The Constitution does not prohibit the citizens of each Country from regulating or banning abortion. Roe and Casey arrogance of that authority. Now, we have ignored those decisions and returned that authority to the people and their elected representatives.”

Opinion’s sweeping views point to a conservative court poised to overturn Roe v. Wade from the minute agreed last year to listen Dobbs sues Jackson Women’s Health Organization. A daring and defiant tenor runs through the opinion, making it all the more difficult to dialogue with the judges who signed it and how they got there.

Let’s review Gorsuch’s confirmation hearing in 2017. Faced with questions from the Senate Judiciary Committee, Gorsuch was asked by Senator Lindsey Graham, a South Carolina Republican, if Trump had once asked him in an interview to oust Roe against Wade. After a pause, with all eyes on him, Gorsuch replied, “No…… I’ll walk out the door.” “That’s not what judges do,” Gorsuch said.

Gorsuch also protect the value of precedent when asked about controversial abortion laws.

“Part of the value of precedent – and it has a lot of value, in itself, because it’s our history and our history is intrinsically valuable. But it also has value. a particular value in this sense: It augments the said judge.

“Once the case is resolved, that adds to the legitimacy of the law,” Gorsuch added. “What was once a hotly contested issue is no longer a hotly contested issue. We move forward.”

Then there’s Kavanaugh, who has time and again returned to the importance of precedent and the Supreme Court’s “precedent over precedent” in his 2018 confirmation battle.

“One of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know, and most prominently, most importantly, reaffirmed in Planned Parenthood. lawsuit against Casey in 1992,” Kavanaugh said during his confirmation hearing, adding that the Casey decision analyzed “staring determinants” when explaining why the precedent was not overturned.

“It’s not a stub case that was decided and never revisited, but Casey specifically revisited it, applied the determinants and decided to reassert it,” Kavanaugh said. ,” Kavanaugh said. “That makes Casey a precedent.”

Barrett is less definitive in her 2020 Confirmation Hearing but still assured lawmakers that she would put aside her personal opposition to abortion to comply with the law.

“My policy views, my moral beliefs, my religious beliefs do not affect how I decide cases, nor should they; it would conflict with my judicial oath. “, she said.

The road does not go. The majority opinion is even more extreme when you consider that Chief Justice John Roberts promotes a more measured approach. Roberts did not join the majoritywrote with a concurrence that he would not oust Roe but would instead only support Mississippi’s law banning abortions after 15 weeks.

“The Court’s decision to appoint Roe and Casey is a serious shock to the legal system – no matter how you view those cases.” he wrote.

And after that: “I will decide the question we have allowed review to answer – whether the previously recognized abortion rights prevent all pre-existing abortion restrictions, such that the abortion ban pregnancy after fifteen weeks is necessarily against the law. The answer to that question is no, and there is no need to go further to decide this case.”

Simply put, Roberts insists that this is not an all-or-nothing case. He proposed a limited resolution during oral arguments last December, but never seemed to have any real momentum against the court’s conservative bloc.

There was no indication in the comments released on Friday that Alito participants wavered in the view that Roe was “seriously wrong”.

Roberts sought to “put aside another date with or without denying any right to an abortion.” Alito dismissed that possibility, stating that “the mid lane quest will only end the day we’re forced to face the question we decide now. The anarchy caused by Roe and Casey will continue. It’s much better – for this Court and for the country – to face the actual problem without further delay.”

It’s not just Roe. If the Supreme Court’s abortion decision highlights the ideological gap with the American people, then holding a gun previewed it the other day.

The high court has overturned a New York gun law enacted more than a century ago that imposed restrictions on the carrying of concealed handguns outside the home – an opinion that marked the opening most extensive gun rights expansion in a decade.

“Because the State of New York only grants public transit permits when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution,” Thomas wrote to a majority of 6. -3 of the court.

Up for grabs is not just a public media law like New York’s rule in court. Virtually any other type of gun regulation, including age restrictions, restrictions on certain types of firearms, and limits on high-volume magazines, will now be considered by the courts from a different perspective. harsher.

However, one Gallup’s recent survey found support for stricter gun laws in the wake of last month’s mass shootings in Uvalde, Texas, and Buffalo, New York.

About two-thirds of Americans (66%) say gun laws should be made stricter, up 14 points since last fall and the highest since 2018. That increase came from partisan , with 94% of Democrats currently supporting stricter legislation along with 66% of independents and 38% of Republicans.

That’s the highest level of support since 2001 among Democrats, according to Gallup, and it’s at or close to the highest levels for independents and Republicans.

A majority also said they would like new gun laws in addition to stricter enforcement of existing laws (55%), while 42% said they would just prefer to see stricter enforcement.

This political will for more gun safety has helped to fuel it first major federal law for many decades. The package represents the most significant new federal measure to tackle gun violence since the 10-year assault weapons ban in 1994 lapsed.

If you consider this when you read Thomas’s opinion – in which he argues that gun restrictions should be measured by national history, not by a state’s assertion of interest Urgent public safety – startling you about the distance between court and country, you’re not alone. But what, if any, remedies can help link the supreme court and the people it serves remains an open question.

What now? For years, Democrats in Congress have pushed for Limits on Supreme Court appointments as a way to limit vacancies to any one presidential term. It’s not clear if ideas like these – or similarly ambitious people – will find new impetus after recent high court rulings.
Anyway, rep Ro Khanna will give it a try. On Saturday, the California Democrats called on the President endorse the Supreme Court’s idea of ​​term limits.

“This is an isolated court that has lost all real sense of public opinion and the American way of life. Not acting as a check on tyranny, the court’s six justices are serving.” to appeal to a right-wing ideology,” Khanna said in a speech.

But remember, the Biden administration has reviewed the Supreme Court amendments, and it has brought little controversy.

The Biden committee tasked with exploring changes to the court concluded in a December report that there was “deep” disagreement over whether more seats should be added to the bench, and The report does not make a decision. last place on term limits.
The content of the report is clear: There is no correction to the early court. The Supreme Court we have is the one we will have for a while, starting with more comments Wednesday.

CNN’s Jennifer Agiesta, Ariel Edwards-Levy and Joan Biskupic contributed to this report.

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Teja
Teja
I am passionate about journalism and using new technology to spread news. I am also interested in politics and economics, and I am always looking for ways to make a difference in the world. I am the CEO of Janaseva News, and I am 24 years old.

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