Dobbs v Jackson is an attack on freedom and men can’t afford to keep quiet

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I finished reading the most disturbing attack of my life on individual liberty in America, and a surprising abuse of power that further undermines our constitutional system at a precarious moment for our democracy. If you haven’t read completely Dobbs vs. Jackson Women’s Health OrganizationYou should do

As a lawyer studying constitutional law, I am perplexed. As a veteran who has pledged to support and defend the Constitution, I am amazed. As a son, lover, nephew, cousin, friend and colleague, I am stunned. Make no mistake, Friday’s Supreme Court decision that overturned Roe and Casey not only exposed the basic right of millions of women, it shook the foundation of our bodily autonomy and every American’s freedom from government interference in private lives .

The Supreme Court’s opinion is based on only one substantive argument: if abortion was not permitted in 1868 (when the Fourteenth Amendment was ratified), it could not be among a number of different constitutionally protected rights. Ask yourself if you are okay with living under the 1868 definition”Freedom,

In 1868 there was no constitutional protection from forced sterilization and no right to marry whomever you choose. Women had no right to vote, serve on juries or choose their profession. Not all women were allowed to own property, hold passports, or wear pants. It should come as no surprise that the men who took office in 1868 defined “individual liberty” very differently than they do today, as their definition of “individual”. did not entirely include women or men of color,

Much of this legislation has changed over the past 150 years as the nature of the constitution is to accommodate the evolving ideas of a progressive society. Let’s be clear, the Court’s decision in Dobbs was not the result of a consistent interpretation of constitutional law; It was a deceptive advocacy of the individual policy preferences of the four judges (Justice Thomas’s concurrence was not deceptive, but horribly honest).

Dobbs v Jackson protest

The legal concept of true due process protects each of us from governmental interference in some aspects of our personal lives, from depriving us of liberty from the state. The binding argument of the Supreme Court and the clear concurrence of Justice Thomas is against the continued application of real due process, jeopardizing our freedom to marry the people we love, raise our children, the way we want. Control your body, and maintain privacy. currently assume. Don’t be fooled—the impact of Friday’s decision isn’t limited to state controls of abortion access (though it only has devastating effects)—every American’s rights are less protected today than they were last week. We are less free now.

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Are You Living by the 1868 Definition of ‘Liberty’?

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I am equally disturbed by the continued erosion of critical norms embedded in our system of government, which this decision reflects and accelerates. Every judge and lawyer in the country understands the importance of judicial restraint and the essential principle of decision made (following judicial precedent). Although sometimes there is a disappointment in progress, decision made Promotes stability in our society by ensuring Laws are enforced consistently and reliably, in favor of incremental advancement over radical change. It is a doctrine usually most enthusiastically championed by conservative jurists. And it is desperately needed in today’s polarized America.

At his 2018 confirmation hearing under oath before Congress, Justice Kavanaugh said: “My position as judge is that there’s a 45-year precedent and Planned Parenthood v. Casey, which confirmed Roe, so it’s precedent on precedent, as I’ve explained, and it’s important. And it’s the Supreme Court. It’s an important example.” Despite these statements, less than four years later and with no change in law or fact to support a different view, Justice Kavanaugh voted directly to overturn Roe and Casey, calling them “extremely Wrong” said. this shameless departure from decision made This is a devastating blow to the principle of judicial restraint and jeopardizes the legitimacy of the Supreme Court.

Dobbs v Jackson protest

A stable and credible legal system requires that justices display humility and respect for the judgments of the existing Supreme Court. Issues already decided by the former Court are generally not within the scope of the current judges to reconsider. However, in Friday’s Dobbs majority, five judges believed he was right and the seven judges who originally decided Roe v. Wade, and the majority of the judges who confirmed Roe in Planned Parenthood v. Casey, were wrong. When two former majority and four current judges voted to uphold it, calling a decision “highly incorrect” is too arrogant. Will the liberal-leaning court of the future, perhaps no longer feeling bound by precedent, simply revisit abortion, gun rights, and many other issues dear to conservatives?

Dobbs’ decision clearly indicates that they could. Justices Alito, Gorsuch, Barrett, Thomas and Kavanaugh displayed a pride and disdain for the rule of law that seriously undermines the credibility of the Supreme Court. The threat they pose to the judiciary and our system of government is beyond policy preference. Restoring the judicial norms crushed by the Dobbs Court, as well as significant structural reforms imposed by Congress, will require a tremendous sense of duty and integrity from future judges.

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Anyone claiming that the issue is only about saving unborn children is intellectually dishonest.

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A supreme majority in Congress will be the first to reform and strengthen our nation’s institutions, to re-establish a functional government in America committed to constitutional principles and democratic norms. To do this, the majority of citizens in each state must ensure that women—not old white men—determine which decision is best for their health and well-being when pregnant. Your vote, and my vote, and the vote of every person we know, in every local, state and federal election for the foreseeable future, to save the women in our lives from the horrors faced by their mothers and grandmothers 50 And 150 years ago.

Reproductive and other basic rights are central to individual dignity and autonomy have been under attack for a long time, A mighty shield was blown down on Friday and the Supreme Court, with our voice and votes, put the onus on us to defend those rights. As always, the most vulnerable in our society are those most at risk – disproportionately low-income women of color, who are three times more likely to die during pregnancy. Eight states have trigger laws to ban abortion without the exception of rape or incest. In Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, South Dakota, Tennessee and Texas, a fourteen-year-old girl who is raped by her father and becomes pregnant will be forced to give birth. Those states are not protecting the children. They are doing gross injustice. this is sick.

Anyone claiming that this issue is only about “saving the unborn children” is intellectually dishonest. This is an oversimplification that overlooks the difficult considerations women face when they must decide between terminating a pregnancy (often what they wanted) and preserving their own life or well-being. No state legislature, no politician sitting in a distant capital, neither you nor I, is in a better position to make this decision than a woman who faces the reality of it and lives with the consequences. Respect for individual autonomy is the core of liberty.

balancing personal liberty against the interest of the majority of the state It is one of the most fundamental roles assigned to the Supreme Court. It abdicated that responsibility on Friday, and so it is now our duty to use the power of the majority to defend our rights – to align democracy and freedom once again.

If your general commitment to liberty and justice is insufficient, do it for your sister or daughter; Do it for your aunt or niece. One of them has had a miscarriage or will soon. Or do it so you don’t have to pay 18-year-old child support because of a one night stand. This is not just an issue of women. It’s about the rights of every American. It is the responsibility of every man. it’s about you.

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