06-27-2022, 09:47 PM
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Planar Protector
Join Date: Dec 2021
Posts: 5,887
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Originally Posted by loramin
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This. It's like trying to stay sane in a madhouse in here.
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I think we're all trying our best.
The Magnificence of Dobbs
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Dobbs may be the most important, magnificent, rightly decided Supreme Court case of all time. It is restorative of constitutional principle. It upholds the values of representative, democratic self-government, and the rule of law, at the same time that it supports the protection of fundamental human rights. It is literally a matter of life and death. It is potentially transformative of American society, for the better. It is a rare act of judicial courage and principle. In every way, Dobbs is a truly great decision.
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First and foremost, Dobbs concludes, rightly, that the U.S. Constitution contains no constitutional right to abortion. There is no constitutional freedom to kill living human beings by abortion. This is huge. It is no exaggeration to say that this is the greatest victory for human rights in the Supreme Court’s history.
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Second, Dobbs is a triumph for restoring faithful constitutionalism. This is significant in its own right and would be in any context. Roe and Casey were perhaps the most emblematic, lawless anti-constitutional decisions of our era—perhaps of any era.
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Third, Dobbs is a triumph of judicial courage and principle. The political pressure, even the legal pressure, to cave to certain segments of public opinion and defer to erroneous precedent, can be enormous. (The 5–4 majority in Casey succumbed to such pressure, cravenly.)
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Fourth, Dobbs is, potentially, a positive, transformative moment for American society. Just as Brown propelled the civil rights movement, Dobbs lays the legal groundwork for social and moral change. And that is what ultimately will be needed to protect human life.
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