anons lawfag here with some thoughts on roe v wade - i have posted that i support over turning this decision - not because of the pro-abortion reason - no its because SCOTUS had no business legislating fundamental pblic policy by inventing constitutional rights - IMO one's personal moral decision on this matter is legally irrelevant. It is a matter for the nation to decide as a matter of public policy - pursuant to our system of law.
So Roe must be overturned - then what? Well if I were a member of SCOTUS here is what i would do. Yeah i already told you - over turn it - but under what rationale and what would then occur? OK the rationale is there is no right to an abortion under the constitution - how can a "right to PRIVACY" come from the due process clause? It cant. SCOTUS invented that one ALL legal scholars agree. Then they made it worse by adopting a so called "viability" standard - OMG this is a court not a medical board!
If lawfag was on SCOTUS my thinking would be a straight forward interpretation - there is NO constitutional basis for this "right" period. HOWEVER I would not and could not allow laws in any way limiting or prohibiting abortion to stand - why? simple - because GENDER is a protected class under federal law and all state law. To legislate concerning any procedure which ONLY impacts a protected class (women) is IMO unlawful under laws passed by Congress and all 50 states that prohibit laws designed to impact a protected class of persons.
SO that means all abortion laws are ILLEGAL - NOT under our Constitution but due to STATUTES passed by Congress and 50 states that prohibit law that impact a protected class or persons disproportionately - and what could be more so that a law that ONLY EFFECTS WOMEN?
This is a grand PUNT for SCOTUS - and the end effect will be correct but not happy for pro lifers - why? cuz now all States and the FEDS have to abandon the laws they lub that declare poor WOMENS as a protected class! BUT if they do do then States and the FED can legislate on the abortion issue cuz womens got NO special rights ya see……….
This way is good - it forces reality on everyone. Maybe lawfag just spitballin but mi gut tells me something like this will occur- news unlocks……………….
(BTW a reminder - the ONLY class protected by the Constitution is RACE cuz the Civil War amendments were enacted for that very reason and none else - but SCOTUS long ago fogot or ignored that fact - the more you know…)