The Supreme Court Restoration
June 24, 2022, decision wasn't on abortion
Today’s SCOTUS decision wasn’t about abortion but about its role in government. We have three branches of government: legislative, executive, and judicial, and each perform a separate role.
The Supreme Court recognized the 1973 Roe v. Wade decision was a wrong decision. Not because abortion is right or wrong but because the Court cannot declare a right nor make a law. Laws are only made by a legislature.
This decision also brings restoration to federalism. Based on the Constitution, most laws are to be made at the state level, not the federal level. Having struck down Roe, the individual states can choose whether or not to legalize abortion within their boundaries.
One of my favorite bloggers, Tom Gilson, clearly explains this in his article published on The Stream, “The Supreme Court Didn’t Rule Against Abortion Today, and I Thank God for That.”
Here are a few excerpts.
The decision’s reasoning was focused entirely elsewhere, though: how courts should and shouldn’t operate in America.
The Supreme Court today decided that the Burger Court in 1973 decided Roe wrongly. But it wasn’t because abortion is wrong. Instead it was (don’t let the simplicity fool you now!) because the Burger Court decided Roe wrongly. That is, made its decision the wrong way, based on wrong legal principles, and thus it came to a wrong conclusion. Its wrong conclusion (per today’s decision) wasn’t, “Abortion is right.” Its wrong conclusion was, “Abortion is a right.”
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So the AP was wrong: Today’s decision didn’t end decades of constitutional protection for abortion. There never was any such thing. Granted, an earlier court said there was, but that Court was wrong. So said the Court today, and they supported it with extended reasoning.
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What ended today wasn’t nearly 50 years of a constitutional right to abortion, but nearly 50 years’ ruling opinion that a constitutional right to abortion exists.
Most Americans misunderstand how the courts work. The courts must be apolitical and not be swayed by public opinion. Their decisions must be based strictly on the Constitution.
Even our President demonstrated this lack this understanding when he said today that most Americans support abortion. It doesn’t matter how many Americans support an issue before the Court. The Court makes decisions based on the Constitution, not public opinion.
President Biden has made several other claims about the Dobbs case that have been proven false. See “FACT CHECK: 5 False Biden Claims about the Dobbs Ruling.”
Americans need to increase their knowledge of constitutional law.
Yes. This is very true. Charlie Kirk also mentioned this in his show this morning. Many people erroneously believed that the right to abortion is in the Constitution. They compared this ruling to the one earlier this week supporting the 2nd Amendment, even some politicians in our legislative branch. What they failed to recognize that both decisions were made regarding the Constitutional basis for the laws. What most don't recognize as well: any power not granted to the federal government is granted to the states; so yes, as Jeff below noted this decision did not abolish abortion, but returned the authority to the state legislatures.
Some states are still fighting for the life of the unborn. One only needs to look to California which is on the cusp of legalizing abortion up to birth and infanticide in the first 28 days of life.
Praying for hearts to be changed.
So true. The court does not make laws, they help enforce the laws based on our Constitution. They did not make a moral decision (though we all need to), but a legal one. They didn't outlaw abortion, they just demonstrated that they don't have that authority. They returned authority to the people of each state to decide through their elected representative legislatures.
A legal decision, not a moral one, and not based on public opinion or pressure.