The New Legislature

In 1973, or there abouts, a so-called landmark decision was made by the Supreme Court, Roe vs Wade. Until that point, abortion was illegal in some states and legal in others.

In November, I will be 73. So, I remember the arguments and the demonstrations. Every night it was on the news. At one point, there was a push to make federal legislation to make it legal throughout the country, never-mind some states were strongly against it. In fact, most states had laws against it, at least past the first trimester.

The legislation failed. They couldn’t get it by congress. I can’t remember for sure, but I suspect the president might have vetoed it if they had. However, those in favor of it came up with an end run. They challenged the laws in the courts.

Eventually, it made it to the Supreme Court. A few men in Black robes invented a right and the Supreme Court, contrary to the Constitution, became a legislative branch.

The democrats learned something that day. “If we can’t get something legal, just go to the courts.” and so it has been evermore. Whatever they can’t get past the House or Senate, they just go to the courts.

There is one problem with that logic. They need to make sure they have the right judges on the court. Without them, it won’t work.

Is it any wonder that they are throwing a hissy fit? In order to enact a law, they must do it the old fashioned way and they just might not be able to do it. The people just might not like it when when they do. (such as Obama care)

Worse yet, some of the decisions just might get overturned. Given the state of the art of medicine, sonograms and such, even Roe vs Wade might get overturned.

Is that such a horrible thing? Maybe the legislatures will have to make the decisions. And, by the way, the legislatures are subject to the people. I think that was the way the founders of the country meant it.

And, by the way, that genius, the one that is going to invent the cure for cancer, maybe he won’t be killed before he is born.

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