THE VIEW FROM HERE - Preliminary Note about Roe vs Wade, 410 U.S. 113 (1973)
Roe v Wade is one of the best reasoned and best written US Supreme Court case and it merited the greatest protection. Rather, the Dems thought that abandoning Liberty in favor Group Rights would place them in power. Pelosi’s Identity Politics was based on the theory that eventually a majority of voters would be members of some minority group. If the Dems catered to people not on the basis of traditional American individual inalienable rights but on the basis of the group to which the Dems assigned them, then all the minorities would vote Dems and they would vanquish the GOP. The Dems perverted Roe vs Wade from a Liberty case to a Group Rights case where it was women against men.
One Needs to Understand the Genius in Roe vs Wade to Appreciate What Is Being Lost
Two valid inalienable rights clashed in the Texas statute which forbid abortions: the individual inalienable right of Liberty of the mother to control her own body versus the individual inalienable right of (eventual) Life of the fetus. In starting his discussion, Justice Blackmun quoted the 1905 Supreme Court case of Lochner v. New York, 198 v. 45, 76"
"[The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States."
We need to notice that Lochner and Justice Blackmun referred to “fundamentally different views” and not to law. The judiciary is often required to adjudicate “views” and there were strongly held contrary views held by the public and it was the court’s function to make a constitutional determination about which view would prevail. The court ruled that neither view overrode the other. The individual woman who sought an abortion could not have her liberty rights denied nor could the fetus’s right to life be ignored. By citing Lochner, Justice Blackmun laid down the most vital tenet: no one side can erase all the constitutional rights of the other side.
The State has no constitutional right when it comes to abortion; it is not the mother and it is not the fetus. The government’s role is limited to adjudicating the conflicting inalienable rights. The Roe Court choose the Three Trimester Approach where the mother’s rights were paramount during the first trimester, her rights during the second trimester were reduced, and her rights were most restricted during the last trimester where the state may, “if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother” (Roe page 165)
A Pluralistic Society Cannot Be Based on Group Rights
In a nation which is compromised of millions of people from wildy different backgrounds, the only way to avoid civil war is to base society on individual inalienable rights. The group Women has no Abortion Rights and the group Fetuses has no Life Rights. Individual women and individual fetuses have rights. When inalienable rights conflict, Roe v Wade provides the rules to determine how the two competing rights prevail or giveaway. No one segment of society gets to impose its group’s belief on another.
The Evil of Group Rights
When people cease to see themselves as individual human beings with individual inalienable rights and the protections which flow from those rights, but instead they adopt the position that their group’s poses the sole truth, the warring factions end up demonizing the other. Worse yet, any legitimate discussion of sub-issues like abortion, Gay Rights, bigotry of religiosity as constitutionally protected, slavery reparations, limiting the number of Jews or Asians admitted to elite schools become litmus tests of group solidarity.
Segregating the nation into warring factions is wonderful for the hate mongers and the professional fund raisers. April 8, 2021, CityWatch, Hate Money Stalks America. The media is already reporting how many millions of dollars the Dems have raised since the leaked Roe draft. The consultants’ pockets will be lined with gold; media ratings will soar.
Group Rights Killed Roe vs Wade
As Justice Blackmun explained, abortion was legal through Western history. It had become criminalized primary by a particular religious faction, but their rigid view was not the prevailing one, nor did it survive Roe v Wade. Blackmun’s decision essentially adopted the complex attitudes towards basic rights which existed in society and fit them into the content of constitutionally protected individual inalienable rights. Later, when the abortion issue was then adopted by both the Right and the Left as part of the Group Rights agenda, then all group rights which the Dems and GOP were asserting became surrogates for each other.
Thus, the more Nancy Pelosi’s Identity Politics attacked whites as the cause of society’s ills, that tied millions of whites to the GOP. Then, the Dems promoted the foolish, albeit accurate, argument that Black women were more harmed by anti-abortion laws, they tied together race and abortion. Wokers can attribute all ills in the Black community to bad white people. Woker federal judge David O Carter blames white people who live in single family homes for Black homelessness. He makes this claim that for a city where the only under represented group on the city council is older white males. The late Tom LaBonge was the last one and he was not that old and he loved everyone.
Why Hillary, Pelosi and Ginsburg Bear Blame
Hillary succumbed to the anti-white bias of Identity Politics and called millions of white voters “Deplorables” just before the November 2016 election. Surprise! The Rust Belt Whites then voted against her. The Electoral College is as old as the Constitution. Hillary’s not counting electoral votes was political malpractice.
Pelosi Group Rights sins are so extensive that listing all of them would override my word limit. We could start with her role in bringing the tea baggers into Congress in 2010 and go right up to her insistence on running again in November 2022. Pelosi is probably more responsible for the election of more Right Wing GOP to Congress than Donald Trump. For example, May 2, 2022, CityWatch, How Nancy Pelosi and Wokers Will Turn Congress Deep Red, February 14, 2022, CityWatch, Nancy Pelosi is Joe Biden’s Worst Nightmare, November 8, 2021, CityWatch, Nancy Pelosi is the Most Dangerous Person on the Planet.
Ruth Bader Ginsburg was told to resign so that Obama could name her successor. She refused. The remarkable aspect of Ginsburg is that she broke so many barriers which had held back women. Her alleged great legal legacy is a shame, but that’s not today’s issue.
Without the constant drum beat of the Wokers, the Supreme court would not have a 5-3-1 breakdown.
(Richard Lee Abrams has been an attorney, a Realtor and community relations consultant as well as a CityWatch contributor. You may email him at [email protected])