By Rich Kozlovich
Recently Chuck Schumer introduced a bill into the Senate to make abortion legal, in an attempt to overcome what many believe will be the decision by SCOTUS to overturn Roe v. Wade. It was a failure, however, it was the best strategy for Schumer, at least in the short haul.
Its clear abortion is a losing issue for the Democrats, and the longer they wait the bigger the loser it becomes, so, Schumer had to try this now or never gambit. Also, I have no doubt in Schumer's mind this was a Hail Mary play that would impress the murderous fanatics of the party, of which I think he's one, the Hollywood crowd, the lunatics in academia and the media. Given Schumer's self serving history, I also think it's possible he knew this was going to go down, but knew no matter how it turned out, it would make him the hero of those insane misfits nonetheless. Outcome? Schumer wins!
One thing is clear as crystal, the founding fathers never put anything in the Constitution, nor did any of the states put anything in their Constitutions, regarding abortion, as none of them did regarding homosexual marriages.
Because it never occurred to them it was necessary. Abortion was clearly and obviously murder so that would fall under existing criminal laws and marriage was instituted by God between a man and a woman. That was obvious, natural and clear, so why would they need verbiage in the Constitution to explain what everyone already knew?
This should have never been before the court in the first place, and now SCOTUS is responsible for legalizing over 60 million murders, the only fix was to declare the Constitution never gave society the right to murder, and declare abortion is just that, murder, ending all efforts to pass legislation to make it less.
That's bad Constitutional law. However, we're long past that reasoning, and Roe v. Wade was not only bad Constitutional law, it was vile, and we entered the post Constitutional era decades ago, and now that's what's required to revoke and remedy the worse Constitutional law ever imposed by an out of control federal judiciary.
As Justice Thomas argued in the past involving past abortions decisions:
"But those decisions created the right to abortion out of whole cloth, without a shred of support from the Constitution's text,"....... "Our abortion precedents are grievously wrong and should be overruled"
I ran a series of article on Stare Decisis and lumped them into this piece: Abortion, Justice Roberts, Justice Thomas and Stare Decisis, which I think you will find interesting.
Alito failed in this decision to absolutely outline abortion is murder, and I have no doubt if SCOTUS wanted to find a "penumbra" in the Constitution to demonstrate that, they could, thus preventing any legislature in the nation from approving abortion. And its my guess it didn't happen because the other justices wouldn't go along with the only fix that was logical and real. All of a sudden, they're now strict Constitutionalists on states rights.
Penumbras of the Constitution: Originally created as an astrological term in the 17th century, the Supreme Court decision, Griswold v Connecticut, 1965, introduced the meaning of 'penumbra' as the individual’s right to privacy and as a legal metaphor for Constitutional powers of the United States’ government. The reasoning goes that the implied powers are granted from extant (or, existing) powers - thus the penumbra.
Has there ever been a more effective rationale for judicial tyranny and abuse than this? John Adams words were never more profound than they are today.
"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."