Roe V. Wade – Why This Supreme Court Got It Right

The Roe vs Wade decision was decided on January 22nd, 1973, with a 7-2 decision.  The United States Supreme Court struck down the Texas law banning abortions. The ruling legalized the procedure in Texas and throughout the rest of the country. Justice Harry Blackmun wrote the majority opinion. He declared that a woman’s right to an abortion was implicit in the right to privacy protected by the 14th Amendment. 

The Court arbitrarily declared that pregnancy and abortion would be split up by trimesters.  The decision during the first trimester was solely at the discretion of the woman.  The decision during the second trimester became more complicated and thus decided by the state government. They could regulate but not ban abortion with influence to protect the mother’s health. The third trimester became even more complicated. It allows state governments to allow or ban abortion as the fetus became viable to live outside the womb. There were exceptions as being necessary to save the woman’s life.

The 14th Amendment, Section 1 states:

The Roe vs Wade Decision

The Court applied a very broad interpretation of the 14th Amendment equal protection clause and right to privacy to include abortion.  How far that interpretation gets stretched is anyone’s guess, but it will be stretched again.

To understand why the 2022 Supreme Court reversed the 1973 Supreme Court Roe vs Wade decision, one must first understand the role and the power of the judicial and legislative branches of government. The Supreme Court is the highest in our nation for all cases. They hear cases arising from challenges under the Constitution and federal law.

The Supreme Court provides judicial review of acts from the Legislature and the President ensuring they are not in violation of the Constitution. Federal Courts do not write or pass laws, but there is some gray area where an interpretation may become a precedent and thereafter be used for future cases.  

Congress is the legislative branch of the government, charged with creating and changing laws and establishing an annual budget for the federal government.

Unfortunately, there has been an increasing number of decisions made that were not based on the rule of law, but instead formed a precedent that later cases used as justification to gain a favorable decision for their side.  We know this practice now as Judicial Activism. It’s where the judges’ decision is based on the outcome they desire, rather than what the rule of law is. The Roe vs Wade decision was a decision made on emotion and politics, without the interpretation of the law.

Usurping the Legislative Process

When judges take it upon themselves not to apply the laws as written by Congress, they usurp the authority of the legislative branch and your rights as a citizen of this great country.  The people elected the legislators to represent their interests in congress. Our legislators write, debate, and pass the laws of the land as the citizens deemed necessary.  Our rights to a representative government and elect lawmakers are being violated by judges every day with no consequence. 

On June 24th, 2022, the United States Supreme Court handed down the decision of Dobbs v. Jackson Women’s Health Organization.  The Court ruled the Constitution does not confer a right to abortion and the full power to regulate abortion is not protected by federal law.  This overturned the Roe v. Wade decision and returned that power to the individual states. During the last 49 years, Congress could have codified or legislatively enacted a law that would guarantee the right to an abortion and the Supreme Court would not have been able to change it.  

The recent overturning of the Roe vs Wade decision wasn’t about abortion, it was about judicial activism, and the decision was finally corrected.  Judicial activism should have no place in our society.  We are a country based on equal justice under the law for all.  

Bad Judges Need to be Removed

Federal judges are nominated by the President and approved by the Senate; the term is a lifetime. Unfortunately, both sides of the spectrum nominate judges they think will align with their political views and not rule by established law. 

There are only three ways a federal judge can be removed from office, death, retirement/resigning, and impeachment by Congress. Impeachment by Congress has only happened a handful of times and requires an extremely high standard to receive a conviction by the Senate.

We often hear of the same judge’s rulings being overturned, these cases are time-consuming and expensive to the taxpayers and the litigants. Generally, the decisions being overturned do not have the rule of law behind them, but an activist opinion instead.

Suggestions

These series of blogs will always offer the truth and suggest solutions for the readers. Let’s dive into some possible solutions that can bring equal justice for all. 

Congress needs to take up this cause and enact legislation that can punish judicial misconduct with a series of disciplinary actions including censure, suspension, resignation with pay, resignation without pay, and an easier impeachment process.  A streamlined process that identifies judges with consistent overturned rulings, and numerous questionable rulings.

The first step is making your Representatives in Congress aware of the problem and that their constituency is tired of the problem and wants action to be taken.  Start writing letters to them, have your friends and neighbors write letters, and attend your local political meetings asking them to disseminate the information by writing their Representatives. Click here: “Find Your Representatives” (opens in a new tab).

Visit your congressional representatives when they are at their local offices, or better yet, make an appointment to visit them at their office at the Capitol. Share this blog with everyone on your e-mail lists and get the word out! 

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