Supreme Court Gets It Right in Overturning Roe v. Wade (finally)

Yesterday, June 24, 2022, the Supreme Court overturned the fifty-year abortion ruling effectively legalizing abortion in all fifty states. They simply referred abortion law back to the states, where it should have been all along, according to the majority opinion written by Justice Samuel Alito. What yesterday's ruling does not do is outlaw abortion. The Justices in the majority believed the states' elected representatives should make their own laws, removing from the Supreme Court the responsibility not granted to them in the Constitution. There will be continuous debate on this issue going forward into the November mid-term elections and beyond. Contrary to popular misguided opinion that is being trumpeted from the streets, this ruling will do far more to protect the rights of women nationwide than it will to curtail those rights.

What we believe about abortion determines much of who we are as individuals and as a nation. We are about evenly divided if the deadlock in the Senate over the number of Republicans and Democrats is an indicator. Abortion is carefully defined as "Pro-Choice" in one camp, and "Pro-Life" in the other. 

Truthfully, since Roe v. Wade was upheld fifty years ago, America has killed more fetuses in the womb than any other civilized nation on earth. A woman's choice begins with the decision to have unprotected sex, not when she doesn't like the consequences of an unwanted pregnancy after the fact of conception. There are exceptions that are attempted to be carved out of laws prohibiting abortion, but those laws will now be written by the individual states going forward. 

This legal concept of "states rights" is embedded in the concept of "federalism" as defined by our Founding Fathers. I have written about it extensively in the past. They held that the federal government should only be granted limited powers, while reserving to the states the broader powers that would assure the governed should have a larger voice in the local government closest to them. We must reject the loose and inflammatory rhetoric that will ramp up this summer, and anchor our public debate to the underlying core principles written in the Constitution. That is the path the Supreme Court has opted to follow, and I endorse their leadership.

The key elements of the majority opinion, in my view are these:

We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely — the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.” Washington v. Glucksberg, 521 U. S. 702, 721 (1997) (internal quotation marks omitted). . .

It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives. “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” Casey, 505 U. S., at 979 (Scalia, J., concurring in judgment in part and dissenting in part). That is what the Constitution and the rule of law demand.

You can read the entire text of the opinion here.

The Church of Jesus Christ of Latter-day Saints believes in the sanctity of human life. Therefore, the Church opposes elective abortion for personal or social convenience, and counsels its members not to submit to, perform, encourage, pay for, or arrange for such abortions.

The Church allows for possible exceptions for its members when:

• Pregnancy results from rape or incest, or
• A competent physician determines that the life or health of the mother is in serious jeopardy, or
• A competent physician determines that the fetus has severe defects that will not allow the baby to survive beyond birth.

Even these exceptions do not automatically justify abortion. Abortion is a most serious matter. It should be considered only after the persons responsible have received confirmation through prayer. Members may counsel with their bishops as part of this process.

The Church’s position on this matter remains unchanged. As states work to enact laws related to abortion, Church members may appropriately choose to participate in efforts to protect life and to preserve religious liberty.

Thursday Wash Line

Today, random thoughts have been brewing. Chief among them is that today is Yogi Berra's birthday. To the uninitiated it may seem inconsequential in the larger scheme of things, but to me he was a childhood hero. From Little League through high school baseball and beyond I always sought out number "8" to wear on my uniform, because, like Yogi, I was a catcher. Some said that to strap on all the gear required to be a catcher was to suit up in the "tools of ignorance." But Yogi inspired me. So did Johnny Bench later on. Roy Campanella was another favorite of mine. Call me stupid, but I relished having a complete view of the field and being involved in every single play on the diamond. I got to call the pitches, throw out runners, block home plate against charging base runners attempting to score, and contribute my bat to the lineup when it was our turn to hit. I love baseball, and Yogi was the personification of goofiness, odd ball quotes and World Series greatness. The reason Yogi held so many World Series records was the Yankees got to the World Series A LOT in those years. Perhaps the triumph of his career was the game where Yogi caught Don Larsen's perfect game five in the 1956 World Series against the dreaded Brooklyn Dodgers. That's a highlight memory I have never forgotten. 

I've been silent on this page about the tragic war going on in Ukraine. Russia, more specifically Vladimir Putin, has once again shown its true colors as an aggressor in the region. Whatever justification he uses for his attempted invasion has fallen short in the midst of widespread reports of civilian casualties. Many believe he should be assassinated or at the very least held to account as a war criminal. The Ukrainians have stood up to attempts to overrun their country. Whatever your political persuasion, there could be no justification that stands up to close scrutiny of Putin's motives. Senator Mitt Romney (R-UT) was ridiculed when he ran for President of the United States for asserting his belief that Russia was at the nexus of evil in the world. His views then now have proven prescient. Sensing a weak resolve on the part of American leadership, no doubt, Putin has pushed the envelope when it comes to gaining any favor in the world community for his actions. Indeed, Finland and Sweden have now announced they are seeking NATO membership to help bolster their defense against any future attempts by Russia to overrun their sovereignty. Until the Savior Jesus Christ comes again, we have been warned and forewarned about "wars and rumors of war." We see it playing out every night on the news.

I read this morning that broccoli has properties within it that prevent against COVID-19 and all its variants. Patsy has long advocated the benefits of broccoli, and of all the vegetables available to her broccoli has been her go-to choice forever. We did get fully vaccinated against the virus, but who's to say the reason we never got COVID-19 was because we consumed so much broccoli? It may be the perfect food. Never doubt the wisdom of Patsy when it comes to broccoli.

The leaked proposed majority opinion memo from Justice Samuel Alito of the Supreme Court over what appears to signal the imminent repeal of the controversial Roe v. Wade abortion law has caused a nationwide furor as both sides of that debate are at it again with a new fury. The houses of the justices are being routinely picketed daily right now in an attempt to sway the seeming resolve of the justices to overturn the law. The upcoming midterm election looms in November. Until then it will seem there are no other issues on the agenda for candidates. The rhetoric will be difficult to hack through in search of what is in the best interests of Americans on this issue. Prepare for a raucous and disruptive summer leading into the midterms.

We put a new roof on our house recently. It took them only three days from start of finish. The crew showed up early each morning, and they worked until the sun went down. In contrast, I am watching the house building project next door that goes painstakingly slow. Today the excavation company is working (as they have for many days) to sift through boulders to salvage fill dirt. It seems it takes so long to make something worthwhile and long-lasting. War and all the destruction and waste that accompanies it can decimate whole cities and countries in a matter of days. I hope and pray we may always be on the side of building and creating something that lasts and endures. It is better to create than to decimate.

I do not know the meaning of all things, but like Yogi, I know "it's tough to make predictions, especially about the future."