The making of uncommon law

Roe v. Wade is not the law of the land. It's the rule of the land

The Friday Letter / No. 470

Sunday: Third Sunday of Advent

We can't confirm, but apparently this is what is taught in high school civics classes these days. It goes something like this: “Today, boys and girls, transgenders and undecideds, we're going to learn how the Supreme Court must step in and make up laws when state legislatures fail to act responsibly. I am talking about abortion.

“As you know from previous lessons (if you weren't snorting cocaine in the restroom), women have the right to choose – abortion, that is (not the right to refuse CCP coronavirus vaccinations for themselves or their children). It's written plain as day in the Constitution, right after that silly part about holding these truths to be self-evident. No, wait, that's the Declaration of Independence. Whatever.

“Right-wing Christians – sorry for the redundancy – want to take away a woman's right to abortion. Our side got the Supreme Court to hear a case out of Mississippi that bans abortions after the 15th week of pregnancy. If the court upholds the Mississippi law, women all over America will go back to using coat hangers in alleys to expel the unwanted unviable and poisonous tissue mass from their bodies, just like they did before a more enlightened Supreme Court created the right in its 1973 Roe v. Wade decision.

“There is only one way to stop this destruction of our democracy, and that is to expand the Supreme Court to 13 members. This must be done quickly before Democrats lose control of the Senate in January 2023.

“Of course it is right to expand the court, for the simple reason that the corrupt, twice-impeached Russian agent Trump packed it (just ask Charles Schumer) with three extremist conservative fanatics, including a drunken rapist and a Christian zealot (again, apologies for the redundancy). Never mind that the drunk and the zealot have turned out to be not quite the constitutional originalists they promised to be when they groveled before the Judiciary Committee, begging to be confirmed.

“This should be clear to everyone now, but you are not allowed to ask questions or dispute what I have told you. The proper recourse for correcting unjust law is to expand the Supreme Court with enough new Democrats to make sure that constitutional law is never again upheld.”

Missing the point, as usual

When pro- and anti-abortion partisans square off in the street to scream at one another, they are missing the point about Roe v. Wade. Here is the point that especially self-called “pro choice” advocates miss if they are ignorant, or ignore if they understand the issue but don't care: SCOTUS will not outlaw abortion. As in any homicide – criminal or justified – the taking of a life is a matter for state legislatures to regulate, not the federal courts or the Congress.

Lefties pretend that the fetus is not a human, a ridiculous argument completely debunked by ultrasound technology.

And so, one can argue that Roe is bad law – or more accurately bad rule, because Roe is not the law of the land enacted by legislative bodies. Roe is the rule of law, a diktat handed down by unelected judges who ignored the 10th Amendment, which grants to the states all powers not specifically granted to the federal government.

The upshot of this argument is that one could be completely in favor of abortion, including post-partum homicide, and oppose Roe because it ignores the constitution. SCOTUS, in fact, had no legal standing even to take the case.

Leftists don't care about constitutional fine points. The Supreme Court's decision to review Mississippi's abortion law, says the Washington Post, “underscores (the left's) concern that Biden’s current tack on the judiciary is inadequate to confront a conservative court majority that could overturn the decades-old precedent legalizing access to the procedure.”

Real fear, to the Washington Post, is the possibility that our laws might somehow respect the constitution. Precedent? Precedent means nothing if it's a bad ruling. Consider Plessy v. Ferguson, since overridden.

“Democrats must act,” says Meagan Hatcher-Hays, the policy director for a leftwing organization called Indivisible. “They must expand the court before millions of women and those who need reproductive health-care services become collateral damage.”

Since leftists can't achieve their twisted goals through legislation as the Founders intended, they must turn to their Harvard and Yale-schooled judge pals for help. Trump's SCOTUS appointments couldn't be more important to the future of the republic.

Short takes on the news

The good: Biden's Marxist nominee for comptroller of the currency withdrew under pressure from Senate Republicans and some Democrats. A native of Kazakhstan and educated in the USSR, Saule Omarova holds strong anti-American opinions and has said she wants to bankrupt oil and gas companies. Her thesis at Moscow State University was “Karl Marx's Economic Analysis and the Theory of Revolution in The Capital.” The bad: Deportation of illegal immigrants fell by 90% in the first half of 2021 from the year-earlier period, to their lowest level in several decades, ICE reports. The ugly: The police arrested a 49-year-old man for setting the Christmas tree on fire in front of the Fox News headquarters at 48th Street and 6th Avenue. There has been an arrest, but don't expect anything serious from New York's Soros-backed prosecutor. After all, it's probably just an oppressed citizen exercising his 1st Amendment rights against white supremacy. . .

Teaching history in the woke era. The Charlottesville, Va., city council voted to turn over the statue of Gen. Robert E. Lee to an organization called the Jefferson School African American Heritage Center for reworking into something it finds more acceptable. BLM mobs defaced it during the summer 2017 riots.

How they voted

Dec. 8, U.S. Senate, on the nomination of Rachel S. Rollins to be United States Attorney for the District of Massachusetts. Confirmed, 51-50, with all Democrats voting Yea and all Republicans voting Nay, and Vice President Harris breaking the tie.

Republican Senators fiercely opposed the Soros-backed Suffolk County district attorney for her soft-on-crime reputation, which includes a list of 15 non-violent crimes she refused to prosecute, including shoplifting. As a college student in 1991 she was arrested for receiving stolen property but received no jail time.

Rollins, whose mother is black and father is white, has a history of racial confrontations with white people and shows signs of mental instability. Last Christmas Eve she instigated a road rage incident when she hurled racial insults at a women who was trying to pull out of a parking place. She turned on police emergency lights and threatened to “ticket” the woman, who was not violating any law. Although Rollins was impersonating a police officer, she was never arrested. See more of this in the transcript from last night’s Tucker Carlson Tonight show.

Dec. 8, U.S. Senate. Two Democrats, Manchin of West Virginia and Tester of Montana, voted with Republicans, 52-48, to repeal Biden's vaccine mandate for private businesses with more than 100 employees. The bill isn't going anywhere, however, as the House is unlikely to take up the bill and Biden said he would veto it anyway.

How they Voted is a separate monthly feature of The Friday Letter and More

Data base

The 12 largest U.S. Cities that set murder records this year all have one thing in common: All are run by Democrats. The cities are Portland, Ore., St. Paul, Minn., Toledo, Ohio, Rochester, N.Y., Columbus, Ohio, Tucson, Ariz., Albuquerque, N.M., Indianapolis, Austin, Tex., Baton Rouge, La., Louisville, and Philadelphia.