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.
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.
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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.
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