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Kill Roe. Kill The 19th.

fmcinerney

Updated: Oct 11, 2024


The Supreme Court’s draft ruling to overturn Roe vs. Wade will turn women into wards of the state which will dictate the medical advice they must take. As wards, women in states above banning choice will no longer be full U.S. citizens. They will lose the right to vote that they gained in the 19th Amendment a century ago. A 21st century Dred Scott decision. Exactly what the Texas Taliban want.


The draft, written by Justice Alito, is astonishingly inept and shows little understanding of the law or of the history of our constitutional development, now a thousand years in the making.


To give you an example, on page 4, the draft says that “the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” This is specious. The Constitution of 1787 was written for a world of horses and carts. No mention of telegraphs, televisions or the Internet!


Which is why there have been Amendments! Thirty-three of them so that the nation can adapt to emerging and changing realities.


Indeed, the 1787 Constitution was designed exclusively to protect the rights of white males over 21. This went out the window at Fort Sumter in April 1861. It then took a four-year Civil War and 620,000 dead Americans to change this, giving us the Thirteenth and the Fifteenth Amendments. Did Alito and crew not know this?


Apparently not.


The draft is stuck in a long-gone past and assumes that our history of constitutional evolution, like Magna Carta, did not happen.


The draft gets bizarre. On page 15, Alito expresses surprise at modern medical developments for women. He writes that “Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. Zero. None.” Because he doesn’t understand the technological changes that we have been through, on page 6 he writes, “It is time to heed the Constitution ..” But he is unable to heed the Nineteenth!


Page 35 is explicit, saying that the Court “must be willing to reconsider and if necessary overrule constitutional decisions.” (Note the punctuation mistake!) The Nineteenth is out.


On page 40, Alito messes up badly, writing that “Roe was on a collision course with the Constitution the day it was decided.” This is arrant nonsense. The 19th was ratified in 1920, over half a century before Roe. Duh.


Worse, there is constant reference to the Due Process Clause in the Fourteenth Amendment. Nowhere in all 65 pages is there a single mention of the Amendment that the Court plans to throw out, the Nineteenth, which grants women full citizenship and the right to vote. This draft is worse than ignorant. It shows that Alito and all the justices who sided with him are not even slightly qualified for the job.


As full citizens women, like men, have the right to take medical advice without state interference. There is no way to rule that women must be managed by the state and still have full citizenship, let alone the right to vote. If women are full citizens, Roe stands. Period.


Once the Court throws out Roe, it throws out the Nineteenth and women’s citizenship. This is so big and so obvious that you would think that Alito would have devoted at least three-quarters of his 65 pages to justifying his 21st century Dred Scott decision.


The map above shows what will emerge: a Mason-Dixon demarcation of states where women will be allowed to vote and those where they will not.


There are staggering implications to Alito’s 21st century Mason-Dixon Line. The draft shows that these are far, far beyond the mental ability of Alito and crew. Throw out Roe and all women crossing this Line must be medically examined to ensure that they are not pregnant. Why? All pregnant women must be forbidden to travel because of the risk that they will seek an abortion on the other side.


Even the smallest country roads crossing our new Mason-Dixon Line must be turned into a vast array of Checkpoint Charlies at staggering cost to taxpayers inside the Line.


There is one person who just loves Alito’s Mason-Dixon dissolution of the United States.


Vladimir Putin.

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2 comentarios


publiusaudax
publiusaudax
26 jun 2022

Well, it's done. The Supreme Court decided that the U.S. must no longer be a democracy. Not only did it eliminate the 19th but it also said that the entire amendment process is invalid.

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francis
francis
14 may 2022

Margaret Atwood just made the same point in The Atlantic. No Roe, no 19th. See:

https://www.theatlantic.com/ideas/archive/2022/05/supreme-court-roe-handmaids-tale-abortion-margaret-atwood/629833/

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