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Letter to the Editor - U.S. Supreme Court Vs Right to Privacy

ME has spent most of his retirement from service to the United States studying, thinking, and writing about the country he served.

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Roe vs. Wade, a Wrongly Held Repeal

This began as a letter to the editor which I hoped to get into the Washington Post for the most effect. As it turns out, it is way too lengthy, so I present it here in its entirety with the idea of turning it into an Op-ed.


Op-Ed to the Washington Post (which they didn't publish):

This is an open letter to Justices Alito, Thomas, Gorsuch, Kavanaugh, and Barrett. The jury is no longer out. The consequences of your conservative religious beliefs behind your monstrous decision to overturn a woman’s right to privacy at the federal level (and therefore the right to privacy for all Americans) are now part of the historical record. You should be ashamed of yourselves.

Women are now getting sterilized because of your ill-conceived decision.

Women will die because of you. I say “will” because in Texas, several almost have. It is only a matter of time before heroic life saving measures will fail. My religion values the life of the living.

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Conservative legislatures have put laws in place to make 10-year old rape victims carry to term. Worse, some have stated that this is a desired outcome. Other social conservative legislatures are moving to pass laws to restrict a woman’s ability to cross state lines to receive the healthcare she needs.

Why are all these terrible things happening? Because five religious social conservatives chose their faith over the secular desires of the American people. They correctly claim that the word “abortion” does not appear anywhere in the Constitution, nor does “right to privacy”. Do you know what else doesn’t appear there? “Interracial Marriage”! Yet Justice Thomas seems fine taking advantage of THAT right to privacy ruling from a previous Supreme Court.

But what does appear in our Constitution are phrases like “establish Justice”, “insure domestic Tranquility”, “promote the general Welfare”, or “secure the Blessings of Liberty”. It seems to me that the concept of a “right to privacy” can be distilled from each one of those reasons why we have a constitution. Yet, somehow, these learned Justices missed it altogether.

They also missed this piece of history when thinking it a good idea to turn the control of a woman’s body over to the States. It is well known that James Madison did not think highly of how many of the states treated their citizenry. Before drafting the outlines of what became the Constitution of the United States, Madison did an in depth study of each state's constitution and how that state provided for its people. He did not like, for the most part, what he found. That understanding probably led to this statement from him:

“… that the national Legislature ought to be impowered to … legislate in cases to which the separate States are incompetent, or in which the general harmony of the United States may be interrupted by the exercise of individual Legislation.”

Can anybody honestly say the states that have turned women into second class citizens are “competent” and interested in maintaining the “general harmony”? I certainly cannot.

This content reflects the personal opinions of the author. It is accurate and true to the best of the author’s knowledge and should not be substituted for impartial fact or advice in legal, political, or personal matters.

© 2022 Scott Belford

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