Yesterday evening, the ruling to overturn Roe v. Wade, the landmark court decision which made abortion legal in all 50 states, was leaked to Politico and quickly ignited the country. The judiciary blabbering by Justice Alito makes very little sense, but it does expose what the real agenda of the Republicans is, the elements of Constitutional law that are the real targets of the Republican puppet masters.
Let's start with the most outrageous element of the Alito decision, the suggestion that abortion is not a protected right because "abortion" isn't specifically mentioned in the Constitution. A LOT of things are not specifically mentioned in the Constitution: cars, planes, the internet, billionaire space rockets. This false argument opens the door to the far right, allowing them to regulate anything discovered or invented after the Constitution was written. This undercuts the long-established legal principle that the Constitution is a living document that's supposed to evolve. This argument basically says unless it was specifically mentioned in the Constitution, it can be restricted and taken away from the public.
But this is also an AMAZINGLY stupid argument for the Republicans to put out there. Yes, the 2nd Amendment says you have the Right to Bear arms as part of a well-regulated militia, but the weapon of the day when the Constitution was written was a single-shot, muzzle-loading rifle that had to be reloaded after every shot. Nowhere in the Constitution does it mention pistols, semi-automatic weapons, silencers, banana clips, or bazookas. As long as you make legal the single-shot, muzzle-loading rifle, you are in compliance with the Constitution, and gun owners will have the Alito ruling to thank for it.
This is the point where gun guy screams "but the founding fathers intended for new inventions to be included in legal precedent." Did they? "New inventions" are not mentioned in the Constitution either. You can't have a Constitution which is evolving for one Amendment, but rigid to the day it was written for everything else. Alito and the Conservatives just handed the left a viable legal path to make guns illegal in many states when they take back over the court.
How did abortion initially become legal in Roe V. Wade? Basically, the ruling fell back to the Due Process clause in the 5th and 14th Amendments which prohibits the arbitrary restriction of Life, Liberty, and Property by the government. The keyword here is "Liberty." The SCOTUS ruled that people had the liberty to get an abortion. This is the same ruling that has made contraception legal, made same-sex marriage legal, and knocked down sodomy laws across the country.
The Alito ruling is VERY telling about where the far right in this country really wants to go. This is the beginning of their agenda. Once they establish you have no right to the personal liberty of choosing to have an abortion, they open the door for states to immediately revisit every ruling where sex was a part of the decision, a decision based on the liberty of personal privacy.
Republicans want to regulate your bedroom. THEY DO! They want to return us to the days when police were kicking open the door of your house, and if you are having a non-approved type of sex, you'd be arrested and jailed for moral depravity. This ruling spells out the road ahead for the GOP. No more contraception, no more choosing what kind of sex you and your partner want to engage in, and no more being able to choose your partner. In some states, you'll be subjected to three or four Republican-approved types of intercourse, with no deviation allowed. Eventually, these Republican rulings will spell out you no longer are able to love the person you love, and I guarantee a few states will QUICKLY revisit interracial heterosexual marriage as well.
When Republicans read this and feign outrage ("How dare you insist we would try to regulate people in the bedroom!") they're lying. This is their agenda, something the inner workings of the Republican Party has dreamed of undoing since these bedroom regulations started getting struck down by the SCOTUS decades ago. And this garbage argument by Alito sets them on their course!
Another astounding element of this ruling is the way Alito wrote this to feed Fox News and all other far-right media outlets the talking points they need to try to shame anyone who dares disagrees with this ruling.
Alito specifically mentions other SCOTUS rulings which have been overturned as a red herring argument, a false equivocation of epic proportions. Alito clearly implies if you were for the SCOTUS overturning Plessy v. Ferguson (which legalized racial segregation) or Korematsu v. the USA (which made the detention of Japanese Americans during WWII legal), then you are a hypocrite if you don't fully support the current SCOTUS overturning Roe v. Wade. For the record, those other rulings have NO RELATABLE CONNECTION to Alito's ruling and are only there to give Republican talking heads the ability to spew a fake moral superiority about this garbage decision. You can already see the fake smugness on a Fox News host as they shake their head into the camera bellowing "I bet these liberals wish Dred Scott was still the law of the land!"
There is a whole bunch of crazy in this Alito ruling. Seriously, it is a cornucopia of pompous right-wing stereotypes, suggesting their decision is in line with the moral compass of antiquated America, that there are no consequences for forcing a woman to give birth to a child, that this is really a ruling showing how much they are standing up for the Black community, and how the viability argument of Roe v. Wade "makes no sense," but Alito doesn't really try to explain why.
Months ago, Alito and fellow zealot JUSTICE Amy Coney Barrett went on a PR tour; a preemptive strike to argue their soon-to-be grossly political rulings were not political, only based on established Judicial parameters.
This first ruling shows the truth. Far-right, Christianity first Republicans have taken over the SCOTUS and legal precedent be damned! They're intent on returning this country to the time when local politicians decided who you had sex with, how you had sex, and then forced you to live with the consequences, including if you were raped.
So much for the Republican party being the party of personal freedom.
