Episode 531 – It Only Took 50 Years

It might finally be over. Roe versus Wade might be done.


A Momentous Ruling and Sin

A draft of the ruling for Dobbs v. Mississippi (2022) has been leaked by someone at the Supreme Court. It was leaked to Politico, obviously by some activist on the court. We are going to talk about the ruling as it is written and talk about the reactions. Then we are going to talk about the leak and the reactions to the leak.

Believe it or not, we pretty much know where this leak came from.


The Ruling

The best way to go through this is to use the words that Justice Samuel Alito used. So let’s go through the highlights that Politico brought forward.

Some things:

  • This is important. Alito is pointing out that abortion was not popular. Most of the country did not want it.
  • He also points out that this was a national debate. Roe versus Wade ended that debate.

What he says here is true. Abortion was not a debate when the Constitution was written. It is not part of the Constitution and there is no reference to it anywhere. This is right. The Constitution is a living document but it must go through the amendment process. The courts can’t do that.

Yes, the courts had no right to make up laws.

Again, this is a Federalist, states rights argument. This is correct.

This is really the only argument the Left is pointing to. Stare Decisis is the the belief that a law cannot be overturned because of precedent. This just isn’t the case. There are a lot of precedents that have been overturned because they were bad precedents (Dred Scott would be one of them).

This was a bad precedent.

  • Abortion was never in the Constitution.
  • Privacy, which the court cited as the reason for abortion, is also not expressly stated in the Constitution.
  • The Supreme Court did not have the science in 1973 that we did as early as 1980 with the test tube baby.
  • And it was a real stretch to apply privacy to the killing of babies.

This is a long statement but it is right on.


This is exactly correct and I am shocked that this court finally had the guts to say it. This is what people don’t get: This ruling completely ignored the Constitution.

This is a bit of a cowardly statement. The ruling was unconstitutional. He should have said that. If the federal government can’t make a law, the states must determine the laws.

They know now. So let’s talk about how this ruling got released.


White House Response

As you can imagine, everyone on the Left is flipping out.

President Biden, always the unifier, released a statement today:

“We do not know whether this draft is genuine, or whether it reflects the final decision of the Court. With that critical caveat, I want to be clear on three points about the cases before the Supreme Court.

“First, my administration argued strongly before the Court in defense of Roe v. Wade. We said that Roe is based on ‘a long line of precedent recognizing ‘the Fourteenth Amendment’s concept of personal liberty’… against government interference with intensely personal decisions.

“I believe that a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned.

“I directed my Gender Policy Council and White House Counsel’s Office to prepare options for an Administration response to the continued attack on abortion and reproductive rights, under a variety of possible outcomes in the cases pending before the Supreme Court.

“We will be ready when any ruling is issued.” 

Some things:

  • We do know the draft is genuine now. John Roberts said it was.
  • They did argue strongly for a precedent that was garbage.
  • The “concept” of “personal liberty” was define as privacy by both Roe and Casey. The problem is there is not absolute to privacy. Casey actually said there were no limits to one’s potential actions because “personal liberty” is defined in the 14th amendment. That’s not true.
  • Even Ruth Bader Ginsberg said Roe was a trash ruling.

He concluded by saying something that is true:

Biden, on Tuesday, added that if the Supreme Court “does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose.” 

“And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.” 

I just want to point something out: 60% of the population believes there should be tight limits on abortion. Most believe that should be during the first trimester or the first twelve weeks. The Mississippi law sets it at 15 weeks.



What’s Going to Happen

Let’s talk about what is going to happen here if this holds as the ruling (and I think it will).

  • States that want abortion will continue with the abortions. But they will go extreme, supporting abortion to the moment of birth to even after birth.
  • States that don’t want abortion will ban it. There are a lot of states that hate abortion.
  • By the way, that’s how the government is suppose to work. States have rights and the federal government can only deal with what’s in the Constitution.
  • There will be extremes happening:
    • Like I said, states like California and New York will probably support infanticide. The 24 week limit would be gone.
    • States like California will pay for people in other states to come to their state using taxpayer money to get an abortion. California is already proposing this.
    • There will be calls to end the filibuster.
    • There will be calls to pack the Supreme Court.
    • There will be hit pieces on the Conservative justices.
    • There might be protests and riots.
  • There will be programs in blue states to get people from red states to move to them. States like California and New York
  • What this also is going to do is put abortion on the same path as slavery. A path to its end. I think that’s a good thing.






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