Violation of Protocol
- May 5, 2022
- 2 min read
Supreme Court Justices are supposed to be apolitical. That is why, historically, justices have sat emotionless during State of the Union speeches. The court is usually separated between originalist justices and the other ones. I say the other ones because there is not really a term for them except, they are progressives. Originalists try to determine, even though times have changed, what was the original intent of the writers of the constitution. Therefore, they see those things intended to be fundamental rights as something that cannot be restricted by the states and everything else should only be decided by the states. I have heard about Roe v Wade almost all my life but have never read it. This week I read about it and read the transcripts, along with Casey, so that I could understand what it says. We have been taught that Roe basically prohibits any kind of restrictions on abortion. That is not true, and actually, Roe does restrict based on the timing of the pregnancy and also introduced the word "viability". Obviously, that word is one that can be interpreted in many ways, especially with advancements in neonatal care. The precedent that was set, and has been held, is the 14th amendment, which affords us all equal protection. Primarily, the meaning of the word liberty in the 14th amendment is what is at debate, or at least that is what I understand. Originalists, ask what did the writers mean by the term liberty when they wrote it, rather than how politicians and activists define it now. The precedent set by the court is very rarely overturned unless there is a case that comes before it that brings to light the flaw in that precedence. According to Alito's draft, this is one of those cases. Unfortunately, we have an administration that sees Jan 6 as an attack on our Democracy but does not see a leak from the Supreme Court or the protesting in front of Supreme Court justice's private homes to be. In no way am I pretending to be somebody with a legal education, but I have spent several hours this week reading about Roe, Casey, and the current Dobbs v Jackson case just trying to understand it more. I believe all of us should. Another thing is nothing is decided until it is decided, Roberts proved that with Obamacare. So, this violation of protocol at the Supreme Court is nothing more than the left trying to pressure the justices through their loosely defined meaning of peaceful protest and also an attempt to salvage the mid-terms.
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