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States Regain Control Over Abortion, but Not Over Gun Policy?

One day, the Court that Trump Built will rule that states cannot make their own decisions about the availability of firearms in public. According to the Constitution, practically every American has the right to protest in public.

The same conservative judges declare the following day that a woman’s right to choose an abortion is not protected by the Constitution. The states ought to make that decision.

Never mind that the Second Amendment grants people the right to “keep and bear arms” in the case of firearms since the young country of 1791 required a “well-regulated militia.” It wasn’t done to safeguard every 18-year-right old’s to open fire with an AR-15 inside a church, a grocery store, or an elementary school.

The Supreme Court ruled the next day that states cannot decide whether to permit the open carrying of firearms or that states should decide whether a woman has the right to an abortion.

Never mind that the 14th Amendment prohibits legislation that “deprives any individual of life, liberty, or property” when it comes to abortion. It appears that women’s autonomy over their bodies doesn’t merit inclusion, endangering many of their lives in the process.

When it comes to rulings like these, the majority of the court’s conservatives enjoy putting themselves in restrictive bounds. They advise following the Founders. Observe the Constitution’s wording strictly. What does it matter that women couldn’t vote until the 20th century and that muskets were the preferred weaponry in the 18th?

The justices’ confirmation hearings, where they vowed to uphold the court’s precedents, may be to blame for Americans’ misunderstanding. Roe v. Wade (1973) has been upheld numerous times, according to Justice Neil Gorsuch.

Justice Brett Kavanaugh referred to Planned Parenthood v. Casey (1992) as “precedent atop precedent.” Justice Amy Coney Barrett promised to “respect the standards of stare decisis” about the customary deference for such precedents.

Roe v. Wade is no longer in effect. Citizens will now make decisions.

Justices Neil Gorsuch, Stephen Breyer, Amy Coney Barrett, and Sonia Sotomayor, as well as Chief Justice John Roberts, are pictured from left to right with Justices Samuel Alito, Brett Kavanaugh, Clarence Thomas, and Elena Kagan. Pool image by Erin Schaff
Unless they don’t, that is.


But when it comes to standing by their principles, you have to give the conservatives credit. The judges, unlike the members of the other two arms of government, were unaffected by politics over the previous two days; their decisions about abortion and guns are sure to inspire Democrats and liberals. They also refrained from caving into current affairs, deciding instead to expand gun rights in the wake of multiple deadly shootings.

Additional Views On Abortion

The Supreme Court’s authority would be compromised by overturning Roe v. Wade.

Trump’s polarisation was worth the cost to insure the repeal of Roe v. Wade.

Affirmative action in university admissions will be discussed next term. Expect the court to overturn previous decisions from the last two decades that supported the restricted application of racial advantages.

State statutes that forbid discrimination against LGBTQ customers in the workplace are also up for grabs. The court seems to be siding with businesses that decline to cater to same-sex weddings.

Where did we come from? President Barack Obama’s third Supreme Court nominee was obstructed by Senate Republicans in 2016, which led to Gorsuch’s confirmation the following year. Kavanaugh succeeded retiring Associate Justice Anthony Kennedy in 2018, a Ronald Reagan nominee who yet supported abortion, affirmative action, and LGBTQ rights. After Associate Justice Ruth Bader Ginsburg passed away in 2020, Barrett took her position.

Nearly 50 years ago, my mother had an abortion. Finally, my family is discussing her choice.

All three of Trump’s justices were born in the era of Lyndon Johnson’s Great Society, when liberals ran the world, or not long after. They’ll probably continue serving on the supreme court for another 30 years or longer. For progressives, that is not promising.

It also doesn’t look good for the court’s reputation, which has historically been the most well-liked of the three bodies of government in the country. Consider: In the instance of firearms, it was determined that New York had been operating under an unlawful statute for 111 years.

It noted that only 49 years had gone since the judges’ forebears made an abortion decision that was “egregiously erroneous” and had “exceptionally weak” justification.

Confusion, tradition, and history
The Court that Trump Built ruled that gun regulations should instead be based on the history and customs of the country. Ah, how times have changed from 1791.

The conservative majority on the Supreme Court includes Justices Neil Gorsuch and Brett Kavanaugh, both of whom were selected by President Donald Trump.

And Kavanaugh specifically emphasised that the court should be “neutral” when it comes to abortion by siding with political state legislators rather than, say, women.

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These conservatives then set off to conceal themselves behind their interpretation of what the Founders meant in the 18th century and what it means now. It was described as having a “pinched vision of how to read our Constitution” by liberal justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

The rest of us could simply describe it as perplexing.

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