Re Dobbs...it ain't over till the Fat Lady sings | Eastern North Carolina Now

 

The story is told that Yogi Berra was known for contesting the umpires’ calls.  After living up to this fable in a very tight ballgame, Yogi did it again.  And again the umpire did not change his call.  So after the game a reporter asked Yogi:  “have you ever had an umpire change his call after you protested?  Nope, was Yogi’s answer.  “Well then”, the reporter asked, “why do you do it?”  “Well,” Yogi responded, “I ain’t arguing about the last call, I am arguing ‘bout the next call!”

While Justice Alito is getting most of the press in commentary on the recent Dobbs decision overturning Roe v. Wade it is actually Justice Clarence Thomas’ concurring opinion that deserves closer scrutiny.  Alito argues that abortion is not mentioned in the U. S. Constitution and concludes that it is therefore not constitutionally protected.  The liberal wing argues in their dissent that there is a long line of precedent that incorporates abortion as a protected right by way of the Fourteenth Amendment’s Due Process Clause.

Their argument rests on a long line of cases that hold that there are two types of Due Process, substantive and procedural.  This same argument, which has prevailed in many cases, says that no state my deprive a person of a fundamental right without having a compelling reason.  And just because a state may not be in favor of abortion that is no reason for the state to violate a woman’s fundamental right to decide whether to carry the child to term.  In jurisprudence in the twentieth century the determination of whether to incorporate a “right” to apply it to state action has been called strict scrutiny.

As in so many things in law, what may have seemed like a clear-cut issue when it was first considered often has unintended consequences.  Arguably, the application in practice of incorporation vis-à-vis the substantive Due Process process, has led to a monstrous distorting of the concept of federalism as envisioned by the Founders in dividing what is the purview of the national government versus the states.

Justice Thomas, who may well go down in history as the preeminent conservative scholar on the Supreme Court, knows all this and in its face he calls for a re-mapping of the federalistic relationship such that it would lead to greater states rights and more restrictions on national government powers.

Dobbs does, in effect, just this.  It removes the “right to an abortion” guaranteed by the national government and places it back with the states.

Now, if this holds up, the same concept may be applied to other “rights” that have been incorporated to restrict states.  Examples are gay marriage, inter-racial marriage, the right to use contraceptives for birth control, affirmative action and a whole host of administrative regulations that have given the Federal government/bureaucrats immense powers to control our lives…including pandemic lockdowns, vaccinations and wearing face masks.

Thomas is arguing that abortion is just one such “right” that the Federal government has stolen from the states and it is time to look at these other usurpations in addition to abortion.

Whether there is a reasonable chance of this happening rests on one man:  Donald Trump.  If Trump becomes the next President it is possible he will solidify the court’s conservative leaning.  If Trump has the opportunity to replace a conservative with another conservative, nothing changes.  The split remains 5-4.  If he gets to replace John Roberts then the court becomes 6-3 and we are off to the races, possibly for several decades.

Remember, Dobbs was a 5-4 decision.  It therefore can be reversed with one vacancy on the court, or the addition on additional justices.  Thus, control of the U. S. Senate becomes just as important as who wins the White House in 2024.

We desperately need 60 conservative Senators, not RINOS like Richard Burr and Thom Tillis; as just demonstrated with the gun restrictions and the trampling of the Second Amendment by these two lying traitors (along with their comrades).

So don’t get overly excited about Dobbs.  Much must be done for conservatives to regain the White House and elect a 2/3 majority in the Senate that will hold fast to a strict adherence to the oath they took to uphold the Constitution.  For that reason, the North Carolina General Assembly must make haste to submit a constitutional amendment to the People of North Carolina to provide for the recall of Federal and state representatives in our state.

As Yogi might have said:  “It ain’t over till the Fat Lady sings.”


Go Back


Leave a Guest Comment

Your Name or Alias
Your Email Address ( your email address will not be published)
Enter Your Comment ( no code or urls allowed, text only please )



Comment

( June 26th, 2022 @ 4:51 pm )
 
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"
Are not the unborn children being denied the right to life without due process of the law? What did these unborn children do to deserve the death penalty without due process?



Johns Hopkins Surgeon — Babies feel pain in the womb, and resist being murdered Editorials, Beaufort Observer, Op-Ed & Politics The Long Umbilical Cord


HbAD0

Latest Op-Ed & Politics

After suffering a record-tying 28th straight loss, basketball fans across the country and the other 29 NBA teams voted unanimously to demote the Detroit Pistons to the WNBA.
David Draiman, the lead singer of the heavy metal band Disturbed, paused in the middle of a concert to give an impassioned speech about Israel, saying of Hamas’ claims that they were “freedom fighters,” “Freedom fighters, my f***ing a**.”
The North Carolina Supreme Court heard arguments recently in a lawsuit brought by The Society for the Historical Preservation of the 26th North Carolina Troops against the City of Asheville over the removal of a monument
Independent presidential candidate Robert F. Kennedy Jr. has secured a spot on the ballots in Arizona and Georgia, according to the political action committee backing his White House bid.
Like many other states, the North Carolina has received a lot of money from the federal government to address the impacts of the corona virus pandemic.
A local wife began training to join her regional women's hockey team when she discovered the grand prize for winners of the National Hockey League is a Stanley Cup.
it is time to prosecture them for election interference

HbAD1

A Chinese national was detained by Immigration and Customs Enforcement after the bust of a massive marijuana operation in rural south Georgia last week.
Felon voting advocates argue in a new court filing that North Carolina's new election law should have no impact on their federal lawsuit.
That is one that was stopped how many weren't stopped
The game show “Jeopardy!,” in which gives contestants must give answers in the form of a question, embraced the woke agenda by including so-called “neo-pronouns” as an answer.
City employing all-of-government effort aimed at finding work for illegal immigrants, emails indicate
Embattled former New York Congressman George Santos has landed on his feet following his ouster from the U.S. House of Representatives, with the announcement that he has been hired as a fact-checker at The New York Times.
Former President Donald Trump won Michigan’s Republican Party presidential primary on Tuesday night, beating former U.N. Ambassador Nikki Haley by more than 30 points.

HbAD2

 
Back to Top