Last October 31, Congressman Doug LaMalfa posted on Facebook: “No government should pick and choose which freedoms it will preserve and protect and which it will not.”
Republicans believe in our constitutional rights, but if it’s not mentioned in the Constitution, then it’s not a right. This is one reason why they are against same-sex marriage, equal rights for LGBTQ individuals, and interracial marriage, which are not mentioned in the Constitution.
We have seen this with the Supreme Court overturning the 1973 Roe v Wade decision. Roe v Wade determined that abortion was a fundamental Constitutional right implied by the 14th Amendment’s right to personal privacy.
Justice Alito, writing for the majority in overturning Roe v Wade, said that the only legitimate rights not explicitly stated in the Constitution, are those that are deeply rooted in the Nation’s history, traditions and within the concept of ordered liberty. Abortion, the majority decided, is not such a right.
If Justice Alito’s staff had done proper research, they would have discovered that abortion was practiced in America from 1600 to the mid-1800s conducted mostly by midwives (plannedparenhoodaction.org). Common law allowed abortions if they were performed prior to quickening, which is the first time a mother feels the baby kick at 14-26 weeks into a pregnancy. By 1910 abortion was illegal in all 46 states.
Justice Alito’s reasoning for overturning Roe v Wade was wrong. Our 200+ years of legal abortion history prior to the Roe v Wade decision, clearly meets Alito’s reasoning for rights not mentioned in the Constitution. Abortion is deeply rooted in our Nation’s history and traditions and therefore, abortion should have been ruled a legitimate right.
It can be concluded that the Supreme Court’s reasoning for overturning Roe v Wade is based on the justices’ personal conservative ideology and religious beliefs. The right to an abortion is now left up to the individual states to determine. Currently, abortion is legal in 21 states + Washington D.C (reproductiverights.org). This creates a national disparity denying equal rights to all women.
Republicans have no problem with the judicial branch of our government taking away the fundamental right of women to control their own body. This is a clear example of conservative ideology and political power determining which Federal rights we will be allowed to keep.
Overturning Roe v Wade conflicts with LaMalfa’s Oct 31, 2022 Facebook post that stated: “No government should pick and choose which freedoms it will preserve and protect and which it will not.” The judicial branch of the federal government chose not to protect a woman’s right to control their own bodies. Why isn’t LaMalfa protesting the Supreme Court’s refusal to preserve this Constitutional right? Is it because LaMalfa knows that his Facebook post was bogus? I believe LaMalfa is scamming us into thinking he and his Republican cohorts will protect our rights. The truth is that LaMalfa and his gang will only let us have freedoms and rights that meet their conservative ideology and religious beliefs. LaMalfa and his Republican cohorts will dictate to us which rights they will allow us to have. It seems that the Democrats are the ones protecting our rights and freedoms.
The next rights at risk of being taken away from the people will be contraceptive medicines and devices, same-sex marriage, equal rights for LGBTQ individuals, and interracial marriage.
Because the Democrats no longer trust this conservative dominated Supreme Court to protect our freedoms and rights, the House passed H.R. 8404: Respect for Marriage Act on Dec 8, 2022 and President Biden signed it into law on Dec 13. The Respect for Marriage Act establishes federal statutory authority for same-sex and interracial marriages and repeals provisions of laws that allow any State or territory to refuse to accept a same-sex marriage from another State or territory.