Mon Jul 11, 2022 – 11:24 am EDT
(Priests for Life) – Wow. When I read the dissenting opinion of Breyer, Sotomayor and Kagan in the Dobbs case, I felt pity for them.
You would think that Supreme Court Justices could do better … like maybe making Constitutional arguments.
But they failed miserably. Then again, so did the cases they were defending, Roe and Casey.
In those cases, the Court overstepped its proper role.
They did what you would rightly expect legislators to do, and what legislators are far more capable of doing, that is, they drew policy lines.
Roe said the state can’t interfere with the abortion decision in the first trimester. But no Constitutional justification was given for drawing the line there.
Roe said the state’s interest in protecting the woman’s health becomes compelling in the second trimester. But no Constitutional justification was given for drawing the line there.
Roe said the state’s interest in protecting fetal life becomes compelling in the third trimester. But no Constitutional justification was given for drawing the line there.
Casey threw out the trimester framework but drew the line at viability, saying the state could not protect the unborn prior to that. But no Constitutional justification was given
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