Tuesday, June 28, 2022

Mulling Dobbs

 I think it is interesting that the Supremes, in deciding Dobbs, returnee the issue to the states.

States Rights.  It has been a rallying cry for the entirety of our Republic and is still in vogue today.  Too often, "states rights" has wrongly been thought to be a rallying cry for something nefarious or divisive.  Yet, many folks don't know that "states rights" is actually written into the Constitution.

US Constitution, 10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Dobbs decision looked for a woman's right to an abortion within the text of the Constitution, could not find one, and returned the issue to the states. It really is that simple.  Rather than an over-wrought display of judicial activism, the decision was one of judicial restraint.

The states may now regulate abortion within their borders. Arguments can be made for both sides and the elected representatives will vote on the issues.  This is the American experiment.  For better or worse, this is the way government was supposed to work all along.

1 comment:

TechieDude said...

The line I like to use in such cases is:

"On some level, the system works"

The level of histrionics is a sad indicator of just how stupid we've become.