Letter: What if Roe v. Wade decision was wrong?
I would like to respond to the upcoming controversy over Judge Brett Kavanaugh, President Trump's choice to replace Supreme Court Associate Justice Anthony Kennedy. Since Kavanaugh is pro-life, there is likely to be a heated battle in the Senate. It is because the Democratic Party fears that another conservative, pro-life judge will overturn the infamous Roe v. Wade decision.
What if the 1973 Supreme Court's decision was erroneous? The court is not perfect or infallible. Our history includes court decisions that were later reversed or repealed. In Roe v. Wade, the court had to bend over backwards to procure that a woman has a right to privacy under the due process clause of the 14th Amendment. And since she has a right to privacy, she has a right to have an abortion. But the 14th Amendment also declares that governments cannot deprive any person of "life, liberty, or property" without due process of law. In this regard, the U.S. Constitution guarantees the protection of life. Shouldn't the protection of life take precedence over an implied right to privacy? Democrats know this is a conflict of rights and that it could be overturned.
Roe v. Wade was decided by nine people. Shouldn't 'we the people' of each state have a say on abortion as provided under the 10th Amendment?
The Supreme Court is the third branch of government. It was established to determine whether our laws are in harmony with the Constitution. The court was not meant to be Left vs. Right or to be politicized by judges who rule based on personal policy opinions. Its foremost allegiance is to the American people, not the preferences and desires of activist judges or an ever-changing secular popular culture.
Roe v Wade is definitely a volatile, highly partisan issue. That is why it is being used as a scare tactic and distraction from established constitutional principles. It is not the only issue that will confront the Supreme Court. We need the court to uphold and defend all our God-given liberties enshrined in the Declaration of Independence. Our greatest inheritance is our Constitution.
There is nothing more essential to America's future. It is what the Founding Fathers intended. My hope is that the Supreme Court will rule based on constitutional principles; thereby not only making America great again, but keeping it great for generations to come.
Sims lives in Moorhead.