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OPINION: The Conservative Supreme Court of America

Rulings on abortion, guns go against the will of the American public

North-JerseyNews.com by North-JerseyNews.com
June 26, 2022
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Supreme Court Justice Clarence Thomas does not see the radical right court he sits on stopping at loosening gun laws and restricting the right of women to have domain over their own body.

Just take his word for it.

In a concurring opinion for Dobbs v. Jackson Women’s Health Organization, Thomas wrote that “​​in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence and Obergefell.”

For those not fully vested in the legal shorthand Supreme Court justice write in, Thomas is advocating for the court to revisit cases that gave right to contraception in Griswold, the right to same-sex intimacy in Lawrence, and the right to same-sex marriage Obergefell.

The judicial theory he is adhering to is that the issue should be made by state legislators, not federally or in the courts.

We would understand but disagree with that logic, except for the day before Thomas authored the opinion that struck down New York state’s gun law on concealed carry. The ruling in New York State Rifle & Pistol Association Inc. v. Bruen is a violation of the Second Amendment, according to the 6-3 majority.

It is truly breathtaking in how, in 24 hours, six unelected justices have made two decisions that both take away a state’s right to self-govern and tell women they do not have the ability to make healthcare decisions over their own bodies in a majority of the states in America.

The question is what now? In North Jersey, the gun ruling will have more of an effect as New Jersey has codified the rights of women in Roe v Wade.

Gov. Phil Murphy and Democrats have pledged to continue to tighten gun laws in their attempts to fight the epidemic that has engulfed the U.S. no matter where you live. It was heartening to see the bipartisan Safer Communities Act pass both houses in Washington. That bill is progress in attempts to save lives taken by a gun and the person pulling the trigger.

State Republicans have stated they will work to loosen New Jersey strict gun laws and go to court to do so. We do fear they will be successful.

The Dobbs decision, in our view, is more significant as it makes the federal races this Fall a two issue race: gas prices and a woman’s right to choose. We stated earlier this month—and stand by it— that if a regular gallon of gas is $5 or higher and inflation continues at its 8.6% rate, the Democrats will most likely lose control of the House and Senate for 2023 and 2024.

Republicans are already making noise for a federal version to restrict abortions. New Jersey Rep. Chris Smith has said he would support a law that makes abortion illegal after 15 weeks, making him a moderate in his party. We guarantee by the end of the weekend it will be the GOP’s stated position that the next Congress will pass legislation to ban all abortions nationwide, states rights be damned.

But before that happens, Democrats should be drafting legislation codifying Roe v. Wade that ensures a woman’s right to choose. All levers of government should be explored to make sure abortion is legal and safe.

Voters still have the power to enact change up and down the ballot. Abortions are now banned across America because Republicans valued the race for County Commissioner as much as they do for President. The organizing and dedication resulted in their ultimate goal of making abortions illegal and loosening gun laws in the face of public opinion clearly against their stances.

The Supreme Court backstop has been the now successful long play for Republicans, achieved with three Trump appointees turning the court to an extreme right view.

The current court does not reflect the ideological makeup of America. It is a much more radical conservative one that is protected by life-long appointments and no oversight from Congress.

And it will be a path it will follow for years to come.

North-JerseyNews.com

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Comments 16

  1. A. Guy A. Guy says:
    1 year ago

    “The current court does not reflect the ideological makeup of America. It is a much more radical conservative one….” True, except substitute “reactionary” for “conservative.” In my opinion, the 5 or 6 reactionaries, most appointed by minority presidents, represent a clear and present internal danger to American democracy and also possible constitutional violations, including the separation of church and state.

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  2. John Parks John Parks says:
    1 year ago

    God bless the Supreme Court. More babies saved.
    Life begins AT conception.

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  3. Jonathan Jonathan says:
    1 year ago

    Amazing how you didn’t complain about a left leaning court. Funny how you don’t have any interest in having anyone practice safe sex but rather you took a mile after being given an inch by wanting to kill full term babies. Your article is a waste of time. Writing skills are subpar and maybe that’s why you’re a low rate writer. Practice safe sex and use a condom Bruce it’s better that you don’t breed more ignorance. Btw let everyone know why planned parenthood was created by Martha Stanger. To kill African American babies which happen to be the most aborted of them all. Clap clap clap you must be really proud. Despicable

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  4. Robert Atkinson Robert Atkinson says:
    1 year ago

    You misunderstand the two decisions: they both are focused on allowing democratic decision-making.

    The firearms decision only affects six states (including NJ) that empower a bureaucrat to determine on a whim whether an individual should have a firearms permit. In the other 46 states, the state legislature has specified the criteria with which an applicant for a firearms permit must comply — training, background checks, etc. — but once compliant, the bureaucrats must issue the permit. SCOTUS simply said that the legislature must determine the objective criteria and a bureaucrat’s whim isn’t sufficient in a democratic society.

    The abortion case is similar. Once SCOTUS determined that abortion isn’t a right included in the Constitution (because it was found in the hazy penumbra rather than the text), the the decision about what constitutes murder is then, as usual, up to each State’s democratically elected legislature. Some States such as NJ will have a very liberal abortion policy because that is what the People want. But the People of other states have a contrary view and their elected representatives will restrict abortions. What’s wrong with democracy????

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  5. zeus23e3579c90f zeus23e3579c90f says:
    1 year ago

    If men were able to carry a child, you know the question of “choice” would never be a question. Period.

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  6. Anthony Anable Anthony Anable says:
    1 year ago

    It’s time to investigate Supreme Court Justice Clarence Thomas and his wife, Gini Thomas.

    Both appear to have been actively involved in an attempt to corrupt and overthrow the Presidential election of 2021.

    Several main actors in the January 6, 2021 overthrow attempt clerked for Justice Thomas.

    Let an investigation of Clarence Thomas begin. Now!!

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  7. Dirk Dirk says:
    1 year ago

    Rarely has one of your editorials been so full of shit. The United States federal Constitution has nothing to say about medicine, healthcare, medical insurance pregnancy or even abortion. The decision to terminate a pregnancy is entirely up to the woman carrying the pregnancy. But under our federal system the individual states have the authority to decide whether they want to control this procedure or not. The Supreme Court made the absolutely correct decision to return this decision to the individual states where it belongs just like 90% of what the federal government does now isn’t even constitutional and should be returned to the state authorities

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  8. Anthony Anable Anthony Anable says:
    1 year ago

    Robert Atkinson write, “You misunderstand the two decisions: they both are focused on allowing democratic decision-making.”

    Taking away a constitutional right (Abortion) by judicial fiat is NOT “democratic decision making”.

    As the NY Times pointed out this Sunday (June 26, 2022):

    “To dismantle [constitutional rights] and other advances, the majority on this Supreme Court has demonstrated its disregard for precedent, public opinion and the court’s own legitimacy in the eyes of the American people. We will be paying the price for decades to come.”

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  9. James James says:
    1 year ago

    The North Jersey News had no problem when decision after decision by the SCOTUS was an adventure in judicial activism in favor of liberal social causes. Now, they have their panties in a knot because the Thomas (!) Court has righted those activist rulings and returned to sound Constitutional principles. And it hurts extra bad because Orange Man Bad appointed the Originalist judges who did it! Cry me a river, liberals…

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  10. MARTIN SMITH MARTIN SMITH says:
    1 year ago

    North Jersey News is a Marxist organization, publishing bald lies about the will of the American people

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  11. Crown Crown says:
    1 year ago

    Former Senator Bill Bradley was correct: Democrats want to control big business, Republicans want to control YOU.
    Thomas has already let it be known that they are coming after your right to have sex unless it is for the purpose of creating a baby. Right wing fascists cry get gov’t off our backs and then put the people in chains.
    The Taliban won the war in Afghanistan and the proof is right wing fascist America is out to adopt all of the Taliban’s methods of “religious” control.

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    • MARTIN SMITH MARTIN SMITH says:
      1 year ago

      Maybe you should stay with yo mama, she can do your laundry and cook for you
      Maybe you should stay with yo mama you’re really kinda stupid and ugly to
      You should never smoke in pajamas
      You might start a fire and burn your face
      Maybe you’ll return to Managua
      You could go unnoticed in such a place

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  12. Crown Crown says:
    1 year ago

    So, James, the Constitution says the gov’t needs to rule people with an iron fist?
    Maybe the Constitution of Fascism, not America.

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  13. Lloyd Fishman Lloyd Fishman says:
    1 year ago

    Fair enough but using that logic we must admit that the NY gun law was wrongly decided. That took the power AWAY from the state where it belongs.

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  14. Lloyd Fishman Lloyd Fishman says:
    1 year ago

    It used to be said by conservatives that the Warren and Burger courts were dealing with judicial activism or legislating from the bench. The case in front of the justices was Dobbs vs. Jackson Women’s Health which was to uphold the 15 week ban on abortions. Instead, the five justices legislated from the bench by going beyond the Dobbs case. That’s judicial activism…exactly what conservatives were against before they were for it.

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  15. rob kwiatk rob kwiatk says:
    1 year ago

    WELL, Well; What say Y’all Now, America!! TIME For’n them TERM Limit’s 0n ALL Appointed 0fficail’s, including all those So Many JUDGES Nation Wide!! AND; Also, those in ALL Branches of 0ur U.S. Political Theater’s!! SEE! Judges too, are Not above the LAW!! BUT; They continuously impose their decision’s, 0r’n their Benefactor’s Agendas, 0n the People whom many times are in Oppositions to their Ruling’s!! Listen To the People !! They have SOPKEN & 0nce again their Voices have felled 0n the Agenda Driven & backed Deef Ear’s!! JUST A Quote from the Past: ” Well, if the People have No bread, then let them Eat cake.” And shortly after making that humorous comment, that person went head over heels into History!!//

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