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What reversing Roe means for the Supreme Court docket’s legitimacy

by Index Investing News
May 4, 2022
in Opinion
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To the editor: The constitutional argument that underpins the Supreme Court docket’s leaked draft resolution in Roe vs. Wade is supported by many voters of excellent intent and constitutional students of excessive reputation, regardless of the comparatively uncommon events that settled precedent is explicitly reversed by the Supreme Court docket. (“The overtly political Supreme Court docket reveals it’ll strike down abortion rights,” Could 2)

If Roe is reversed this 12 months, it’ll have been settled regulation for nearly 50 years. In contrast, the infamous Dred Scott resolution, handed down in 1857, was reversed inside years, which seems even much less respectful of settled precedent till one realizes that it took the bloodiest battle in American historical past — the Civil Battle — to reverse that precedent by the passage of the thirteenth and 14th Amendments.

Moreover, the Korematsu resolution in 1944 upheld the compelled removing of Japanese People from the West Coast throughout World Battle II. A 12 months later, the warfare ended, however Korematsu remained the regulation of the land till it was reversed by the Supreme Court docket in 2018.

This goes to indicate, maybe, that the strict constructionist considerations of the draft resolution — primarily based on a official and extensively accepted constitutional precept — compelled a reversal of Roe’s settled precedent.

Michael Abzug, Los Angeles

..

To the editor: Supreme Court docket Chief Justice John G. Roberts Jr. ordered an investigation into the draft resolution leak, what he calls an “egregious breach of belief.”

Inform me if I’m incorrect, however didn’t I watch the Senate affirmation hearings of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett on tv? And am I mistaken once I heard every of them proclaim their respect of precedent?

Deceptive the general public to get a job of this magnitude is what I name an egregious breach of belief.

Dennis Hammermeister, Granada Hills

..

To the editor: The Supreme Court docket’s purported resolution to overturn Roe vs. Wade overturns greater than a half-century of precedent, and has successfully thrown out the doctrine of stare decisis.

This opinion has now rendered the courtroom an illegitimate establishment, and its selections ought to be afforded the identical respect because the courtroom has this week proven for the rule of regulation: none.

Richard Lubetzky, Los Angeles





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