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OpEdNews Op Eds    H2'ed 6/28/22

Judicial Capture Series. The Roe Decision

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Message Jeanine Molloff

Reprinted from buzzflash.com

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The Roe reversal was handed down this past Friday, June 24th, 2022. The decision was consistent with the leaked draft. Predictably, the decision is not only an attack on abortion rights under any circumstance; it is also an indirect attack on associated privacy rights, which are necessary to fulfill the promise granted by the equal protection and due process clauses of the 14th amendment. The right to privacy and subsequent rights couched under that legal umbrella are considered 'unenumerated rights,' which are not directly cited by name, though they are consistent with the principles espoused by the Constitution.

These rights include the following: the right to engage in consensual relations with other adults, the right to marry outside of your race, the right to same-sex marriage, the right to control your reproductive life by using contraception, and the right for cis-gendered women or members of the LGBTQ communities to obtain credit, live where they like, and possess legal rights equal to the rights enjoyed by white, Christian, cis-gendered men, regardless of state-level laws seeking to 'legalize' and legitimize state sanctioned discrimination under the 'states' rights argument. This leaked decision written by Justice Samuel Alito goes one step further; it transfers power from the federal judiciary to individual state legislatures.

Put bluntly, this pending decision is a direct assault on federal judicial review itself.

It's the 'originalist' thing"-stupid...

Wielding the bogus doctrine of constitutional 'originalism' like a psychotic teen waving a fully loaded AR-15, Alito and fellow radical conservatives seek to engineer a raw transfer of power from the judiciary"-to radically conservative, anti-democracy, state legislatures presently controlled by the GOP. With the sweep of a pen, Alito & Co., will allow for the revival of Jim Crow and the subsequent ersatz neo-Confederacy, which will be immune from any federal judicial review.

The process by which this transfer will occur is Machiavellian in scope and intent. Alito's majority opinion goes far beyond abortion rights and associated unenumerated rights couched within the privacy argument. Alito has written a judicial edict which disbands the authority and legitimacy of judicial review itself, on the altar of the old 'states' rights' trope. It could be considered the logical conclusion to a multiple decade long campaign specifically created to dismantle federal supremacy, both in Congress, and the courts.

So, how did this single pending decision pose a direct threat to judicial review itself? The foundation of Alito's argument is crafted by elevating 'history' and 'tradition' over actual legal precepts, and it sets the stage to rescind any unenumerated rights at a wholesale level, rivaling Walmart.

Reasoning behind pending Roe reversal......

By now, the global legal community is painfully aware of this leaked draft which promises to reverse the Roe and Casey decisions respectively. The lay community is also aware that the unenumerated 'right to privacy' is also in jeopardy, and the ramifications are dire. Contrary to the urban myth constructed by anti-abortion, anti-women's rights groups; Roe was not singularly an abortion decision. It was a reasoned response to state level intrusion on privacy rights.

Though privacy rights are not specifically mentioned in the Constitution, they are alluded to as necessary to fulfill the promise cited under the 14th amendment, specifically via the due process and equal protection clauses.

Within this framework, various rights were granted by striking down state laws which denied equal rights to racial minorities, women, and the LGBTQ communities. No longer could states deny interracial or gay couples the right to marry. No longer could states deny women the right to control their reproductive lives by using birth control. No longer could states criminalize gay sex, essentially criminalizing--being gay. Every one of these activities were protected under the judicial umbrella of 'privacy rights.' So, how did 'privacy' rights incorporate the right to marriage equality, birth control and abortion?

Privacy rights explained ".

Noted legal expert Marjorie Cohn recently published a piece which condemns this attack on privacy rights. Cohn wrote the following.

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Jeanine Molloff is an online journalist who has published with Buzzflash, OpEdNews, Huffington Post, UK Progressive, Eurasia Review, Truthout and others. She produces the Sunday show on Progressive News Network, in addition to the Environmental (more...)
 

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Judicial Capture Series. The Roe Decision

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