Just heard on the news that a copy of some draft legislation from the supreme court has been leaked to Politico. A journalism company based in Virginia that certainly has inroads to the goings on in DC. This leak is unprecedented in modern times. Makes one question a lot of things, doesn't it? It should. This particular draft concerns Roe V Wade, surely one of the largest political issues we are facing today. Regardless of which side of this issue you are on, having a decision leaked prematurely will surely have a wide-ranging impact. The fact that the mid-term elections are just around the corner isn't lost on me. Are political operatives attempting to influence the court? Is this some attempt to generate an early release? What will the response of the court be? All that remains to be seen.
The draft appears to indicate that the court is prepared to overturn Roe V Wade. This would essentially leave it up to the individual states to legislate. It's important to understand that. There is no indication the court intends to make abortion illegal throughout the land, just overturn Roe V Wade. They really are separate issues altogether. Not much different from the supposed legalization of recreational marijuana. As long as marijuana is listed on the controlled dangerous substance list it is a federal crime to possess that stuff. The legalization in individual states is really not a legalization at all, it is simply saying the state will not enforce federal law. Personally, I take issue with that. Federal law is supposed to supersede state law. That, in a fashion, was at the basis of the civil war. Lincoln, speaking of a house divided, a biblical reference by the way, not his original thoughts, was expressing exactly that. We all have to be on the same page! You can't have it both ways.
It can be argued that smoking pot and having an abortion are vastly different issues. I would have to agree that indeed they are. Smoking marijuana isn't killing anyone, and at its' core only affects the one using it. Aborting a baby however affects two people, killing one of them, that is, after all, the sole purpose of an abortion, to prevent birth. Basically, denying that person the right to life. So yes, they are vastly different things. Still, both are federal laws and should enjoy equal status. A law is a law. A house divided. If Dad says no, go ask Mom? Same concept and it doesn't make for a very harmonious situation. If Virginia says no, go ask Maryland?
We have to remember that the states united for a common cause, freedom from British rule. Individually there was no way that was going to happen. It could be argued that was the downfall of the natives. Had the tribes united, became a cohesive unit fighting together, we would have been driven from the land. But individual tribes had individual interests. That was a problem. It remains a problem to this very day. Then we had our own civil war for the same reason. Started out trying to compromise on that. Slavery would be allowed here but not there. Slaves ran away to get where it wasn't allowed. There were free states before the constitution was written and ratified. For that reason, Article Four, section two, clause three was included in the constitution. That clause was insisted upon by the slave holding states. Basically it says, you can not gain your freedom by escaping to a free state. Later there were two fugitive slave acts to further enforce that. It wasn't until June of 1864 that the fugitive slave acts were repealed.
Probably the most memorable part in all of that was the formation of the underground railroad. You had those attempting to escape and those attempting to capture. Whereas most in the north did their best to hide and help those attempting to escape it still carried severe penalties if you were caught aiding and abetting. If Roe V Wade is overturned and each state gets to decide will an underground railroad for abortion services be formed? I would almost guarantee that, along with ways to donate to aid those wanting that service. If Dad says no, go to Mom! And then what is the message being sent? Something that is wrong here, is just fine other there.
History does have a way of repeating itself. Will this be another example of that? It's an issue that divides the nation. This time it is the conservatives and the liberals. It was the federalist's vs the anti-federalists before the constitution was ratified. The federalists won out, but not without compromise. If there had not been that compromise it could be argued that we would have never had the civil war. So should we now compromise on Roe V Wade? The southern slave holding states felt it was their right to hold slaves, for whatever reason they chose to do so. There are those today that feel it is their right to abort a baby, for whatever reason they choose to do so. Is there a compromise to be had? No, I don't think so.
How will the leaking of this draft affect the outcome? Will the court reconsider, redefine, or attempt a compromise? Those on the court are not seeking votes, How much do they owe to party loyalty? What pressure can be brought to bear? It is concerning when such things as draft opinions from the Supreme Court are leaked to the press. Who is responsible for that, and what is the motive? Journalism or political machinations? Politico has a left leaning bias, that is agreed upon by almost everyone. Is Politico an arm of the left? This is a big fight, all hands on deck!
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