Roe is Judicial Activism
"Blackmun’s papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference"
~ Aristotle Sabouni
Created: 2019-09-23 |
Blackmun took copious notes and going through his papers Historians (Jeffrey Rose, Michael Kinsley, William Saletan)[1] have agreed, "Blackmun’s [Supreme Court] papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference"
Edward Lazarus, Blackmun's law clerk who "loved [Blackmun] like a grandfather," wrote: "As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible.... Justice Blackmun's opinion provides essentially no reasoning in support of its holding. And in the almost 30 years since Roe's announcement, no one has produced a convincing defense of Roe on its own terms."[2]
A progressive judge with a God complex decided that the laws of the land doesn't matter: he wanted to protect abortion at the federal level, so legislated from the bench to do it. Thus, some people who oppose Roe do it for personal beliefs, others have a completely grounded legal (rule-of-law) reason to disagree with the ruling. I'm in the latter camp.
👁️ See also
- Abortion - Abortion is a deeply personal view, but someone's views on it is a window into their soul.
- Abortion/Toastmasters - I did a toastmasters speech (2008) on my views on Abortion.
- Abortion/Life or Choice breakdown - The majority of Americans are both for and against abortion. Most want it more restricted, but legal (in some cases).
- Abortion/By Party - General support/opposition for abortion is nearly the same across parties.
- Abortion/By Term - The vast majority of Americans want more restrictions.
- Abortion/Number per Year - ≈800K abortions per year, or twice as many American deaths as WWII.
- Abortion/By Ethnicity - Margaret Sanger founded planned parenthood on the idea of exterminating inferior brown babies, so they'd stop outbreeding white ones.
- Abortion/Why? - Abortion for Health of Mother (2.8%), Health of Fetus (3.3%), or rape/incest (>1%), total = <6%.
- Abortion/Why late term? - The vast majority of late term abortions are not about "Fetal Problems", or "health of the mother". It's irresponsibility.
- Abortion Limits - The far left lies, and pretends any reasonable restriction is a "war on reproductive rights".
- Roe v. Wade - Roe v. Wade fits my personal beliefs (1st Trimester legal, 3rd illegal), but it was a lousy and Unconstitutional ruling.
- Roe is Judicial Activism - "Blackmun’s papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference"
- Roe v. 10th and 11th Amendments - The dissenting opinion pointed out that the 10th and 11th both disagreed with Blackmun's interpretation of the 14th.
- Roe v. 14th Amendment - Blackmun used 14th Amendment as an excuse for enacting Roe. But the authors, ratifiers, others never noticed it before.
- Roe v. Legal Review - No Legal Review has ever come up with a substantive defense of Roe. Which is why the distract with whataboutism.
- Planned Parenthood - Planned Parenthood is an abortion mill wrapped in the facade of being about Women's healthcare.
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Tags: Roe Slides
- ↑ Rose/Kinsley/Saletan:
- https://web.archive.org/web/20030309173117/http://www.tnr.com/doc.mhtml?i=20030224&s=rosen022403
- http://www.legalaffairs.org/issues/May-June-2005/feature_saleton_mayjun05.msp
- Michael Kinsley, "Bad choice", The New Republic (June 13, 2004): "Against all odds (and, I'm afraid, against all logic), the basic holding of Roe v. Wade is secure in the Supreme Court....[A] freedom of choice law would guarantee abortion rights the correct way, democratically, rather than by constitutional origami."
- ↑ Blackmun: https://supreme.findlaw.com/legal-commentary/the-lingering-problems-with-roe-v-wade-and-why-the-recent-senate-hearings-on-michael-mcconnells-nomination-only-underlined-them.html