Constitutional Attorney’s Brilliant, Stunning Explanation of Dobbs

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KrisAnne Hall, a constitutional attorney, explains what Roe does and does not do and what Dobbs does and does not do.  She removes the political agenda and the spin. This will leave the lay person a bit stunned.

This opinion does overturn the precedent of Roe, but it does not change anything. All the hype you hear is 100% political.

The whole illusion of Roe controlling states was exactly that. Roe vs. Wade was never the law of the land. It was merely a judicial opinion. Judicial opinions are not the law. It doesn’t carry the force of law. Only law carries the force of law. It has to be so or you violate the separation of powers. Keep reading. it gets most interesting at the end.

 

marble columns of academy of athens
Roe never stopped the states from passing abortion legislation.

Roe provided the political cover for politicians of both parties. It was a political excuse to allow politicians to keep from passing pro-life legislation. She believes Republicans didn’t want to pass pro-life legislation because it cuts off another excuse for fundraising. The state always had the power to pass pro-life legislation.

What Dobbs does is remove the political excuse for not passing abortion legislation. We should now watch how they respond with that excuse gone.

THE MOST IMPORTANT ASPECT OF DOBBS

Dobbs takes nothing from you. The Supreme Court takes nothing from you. The most significant thing Dobbs does is from a federal perspective – abortion is not a federal issue and not a right. This is the one most important result and it is not being told. Abortion doesn’t fall under the 14th Amendment and it doesn’t come under the Bill of Rights. Then by the 10th Amendment, it is a legal issue reserved for the states.

Now, politicians don’t have an excuse to ignore abortion restrictions. What excuse will they use next? The media is using fear tactics.

The line Democrats will push is you have to vote to protect abortion to overturn Dobbs. By the Supreme Court saying abortion is not a federal issue, it means it doesn’t fall under the realm of Congress to legislate.

Politicians want to keep the flames going. But voting won’t help the radical abortionists. Roe is dead.

We’d like to hear your opinion on this. Please comment below.

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stylin19
stylin19
3 months ago

same logic has to hold true with obamacare yet scotus ruled otherwise.

Joeseph Blough
Joeseph Blough
3 months ago

The Dobbs opinion did not say that abortion was not a federal issue, or that it did not fall under under the realm of Congress to legislate. It purposefully never mentioned the Tenth Amendment. It held that the power to decide abortion was being returned to the people and “their elected representatives,” but did not specify state or congressional representatives. It left the door wide open for inference, interpretation and further years of unsettled turmoil and litigation. I don’t understand why, after fifty years of bitter division, the Court could not bring itself to speak clearly. Even now, Congressional Democrats and RINOs are considering their next attempt to codify abortion at the federal level. It will be a huge political move before the November elections.

Manfred
Manfred
3 months ago

Abortion is murder. Murder, except for few exceptions, is a state issue. So eliminating a national standard protecting murderers is the right move. Those who say there ought to be a national law protecting life, liberty, or the pursuit of happiness are confusing the REASON for the federal government’s existence with the rule it has been given by the Constitution – which follows the introduction which contains “life, liberty, and the pursuit of happiness.”

R C ALBIN
R C ALBIN
3 months ago

This is one of the few attorneys that will make the point that Court rulings are “not law” – they are only opinions regarding the laws made by Congress, or the State Legislatures (as elected representatives enacting the will of the People whom they represent). And… that the Constitution limits the powers of all branches of the Federal Government solely to the “enumerated powers” of the Federal Govenment set forth in the Constitution – which are very, very few – and include almost nothing the Federal Government has done in the past 200+ years. The Constitution reserves virtually… all of the powers to govern the People… to the States (via their Legislatures).

This is a point that seems to elude almost everyone – certainly our Federal Government (all branches – especially the courts / judges), the media, the state governments, all of our elected representatives… indeed… even most of the People. Whether, that’s the result of very poor education, or very limited intelligence of those parties, or sinister political agendas and corruption… is difficult to determine.

But, it has increasingly threatened our liberties and freedoms, and our Constitutional Rights to self-government!

Last edited 3 months ago by R C ALBIN
DLB
DLB
3 months ago

Life is protected by the US constitution so abortion, the taking of a life, is a federal issue. It is not a states’ right to decide issues of life.

What’s next if this stands? Euthanizing the sick, elderly and disabled?

John
John
3 months ago
Reply to  DLB

So states can’t legislate death penalties? The Constitution allows the taking of life or property only after due process. It’s not a matter of deducing an ‘if this therefore that’ conclusion. The Constitution is explicit in the enumerated powers of Congress. If it isn’t listed then Congress doesn’t have the power and the power goes to the state or the people. There is no enumerated power to protect life. It’s a state issue.