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Alito’s ‘Dobbs’ Opinion Overturning ‘Roe’ Is Judicial Activism at Its Most Self-Deceptive

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24.06.2022

It’s happened: Roe v. Wade is overturned. Abortion will soon be illegal in two dozen states. In this country, according to the Supreme Court, women have no constitutional right to control their own bodies.

But what really happened?

According to the Court’s conservative majority, the Supreme Court is properly exercising its role to interpret the Constitution. As Justice Brett Kavanaugh put it in his concurrence to Dobbs v. Jackson Women’s Health Organization, “the issue before this Court…is not the policy or morality of abortion. The issue before this Court is what the Constitution says about abortion.”

And so Justice Samuel Alito’s 79-page opinion carefully and meticulously dissects Roe and explains why there is no “right to abortion” in the constitution’s explicit language or our “nation’s history and traditions.”

But that’s not really what happened, right? We all know, or should know, that Justices Alito, Barrett, Kavanaugh, and Gorsuch were all put on the Court for specific political reasons: chiefly, to overturn Roe v. Wade. That is what Presidents Bush (43) and Trump explicitly campaigned on, and although it took a while, now they have delivered.

So is that what really happened? Not entirely.

Because it wasn’t simple politics that put these justices on the bench under extremely bizarre circumstances, including an Obama appointee denied a hearing because an election was ten months away, and a Trump justice confirmed after a presidential election had already begun. It was religious politics. Banning abortion has been the #1 item on the Christian Right’s agenda for over forty years. And conservative Catholics and Evangelicals voted for anyone—even a potty-mouthed, serial-adulter, racist-ranting Biblical ignoramus – to achieve it.

Which makes sense, really. Imagine if you really believed that a fetus was a human life, and that 600,000 of them were being murdered every year. You’d probably become a “one issue voter” too. If only progressives were equally focused, Hillary Clinton would’ve appointed three justices to the Court. Just imagine what today could have been like.

All of these threads are present in Justice Alito’s opinion, which is at once........

© The Daily Beast


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