Originally Posted by James Brown
Fortunately, the Court will not consider popular opinion - they'll consider the constitutional underpinnings of Roe, and reach their conclusions. I think this is true for the liberal and conservative wings of the court both. Their constitutional analysis will vary dramatically, depending upon their school of approach to constitutional law.
This raises an interesting point, I think. Some think that an originalist approach like that employed by Scalia or Thomas is the only valid and proper approach. Opposite hard-liners on the left think a more dynamic interpretation such as used by Sotomayor or to a lesser extent RGB is the only valid and proper approach. Actually, both are valid approaches that have strengths and weaknesses. This is why actual court opinions are so complex and interesting.
Many states already have permissive abortion laws. Some do not. I personally think this is appropriate. Let the states decide. If Roe is overturned and this issue is kicked back to the states, I would expect more pro-choice state legislatures over time and more permissive state laws over time. Overturning Roe, could be the motivation for Texas turning blue for example. Hard to tell.
Boy do we have some fundamental differences here lol
I disagree whole heartedly, the reason we have USSC opinions that are so complex is LAWYERS ARE INVOLVED and they have PERSONAL BIASES. In fact, things would be a LOT easier and less complex without lawyers at all....between lawyers and bankers I am not sure which is worse unless its someone who is both. Between the two though they have managed to lead this nation to the brink of ruin IMO.....
The language of the Constitution and the BOR is not all that complicated, rather simple in fact and where it isnt there are the writings of the founders to clarify it.....but that has not stopped lawyers from twisting it into a pretzel to serve their own ends and biases.