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Thoughts

Re-defining a Clarity of Purpose

RG

June 26, 2022

In my lifetime, no topic of such greater concern being contentious in nature and explosive with intense rhetoric has there ever been than the topic of abortion. Since the 1973 landmark U.S. Supreme Court ruling on the Roe versus Wade case has there ever been more division and controversy of opposing sides from one decision than that of abortion. Abortion creates immediate feelings that causes one to be either on the side of Pro-Life or on the side of Pro-Choice, there is no room and space in the in-between. During any conversation if by chance the subject is brought up, it is an immediate understanding knowing how one feels about the subject and which side of the topic one rests.

 

On Friday, June 24, 2022, 49 years after the original ruling of Roe v. Wade was made public, again the U.S. Supreme Court made it public their decision and ruling on this case. The court in a 5 to 4 decision splitting right down the middle of the ideologies of the Justices, with the Chief Justice opinion urging not to overturn, reversed the original decision made in 1973 by returning the authority on making any decision about abortion back to the States and to the people to decide, basically putting the decision process in the hands of the people of each state to decide on its legality and removing the decision process from the nine black robed clothed individuals in Washington, D.C. If one of the arguments of Pro-Choice has been the establishing of the “woman’s right to choose,” then one would think they would now be excited about having the ability to choose for themselves. The States and the people within those States now have been given that right back. But no, anger still oozes from their mouths with now the support of their contemptuous feelings coming from the White House where the top executive of the country resides, the President of the United States. Instead of him adhering to his call for “unity” from his inaugural speech of January 20, 2021, he gets on national television and though in his constant repetitive tone calls for “continued peaceful protest” leaning into the microphone, he publicly places blame naming individuals and claims that the health and well-being” of every woman in the U.S. is now at risk for abortion has been eliminated. As a citizen of this country, I do not have an instant platform as the President to callout individuals who are wrong as he does but I feel someone still needs to hold him accountable for his public actions and statements. Is this a factual, true statement claiming what now will happen going forward? The answer is a simple one and short, and it contradicts all what has been proclaimed since this ruling was announced and the answer is no for still some states will allow for abortions to be performed. To understand why the answer is no, there must be a quick look back at the original case and its specifics to get a basic starting point.

 

The case of Roe v. Wade was brought by the late Norma Leah Nelson McCovery, the plaintiff known as “Jane Roe.” Her case hinged on her decision wanting to have an abortion for she did not want to be pregnant and give birth to a third child. She resided in the State of Texas where abortion was illegal. Her claim was that Texas was denying her the “right of choice” based on the Fourteenth Amendment and her “right to privacy” was being deprived for as per that amendment, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, or any person of Life, Liberty, and Property without with the due process of law.” Here is where I believe the Court’s original interpretation and ruling was flawed, just succumbing to public opinion at the time. It is worth noting that my belief, is also supported by statements of one of the most profound jurists of our time, the former U.S. Supreme Court Justice the late Ruth Bader Ginsberg. In a casual conversation presentation involving Justice Ginsberg being held at the University of Chicago, The Law School, on May 15, 2013, she stated that the Roe v. Wade ruling was a “faulty-decision” ¹. She felt it was “focused on the rights of privacy rather than the rights of a woman. Roe’s focus was not about choice, it is about the ‘doctor’s freedom to practice,’ it was not ‘woman-centered,’ it was physician-centered’” ². As she clearly points out, “it was focused on the wrong argument.” ³ “Restricting access to abortion violated a woman’s privacy. What she, Ginsberg, hope for was a protection of the right to an abortion on the basis that restricting it impeded gender equality.” ⁴ Again, it is as a matter of record that Justice Ginsberg felt that the ruling of the original Roe v. Wade case was flawed and was not absolute in its endurance as always being available as the law.

 

If Roe v. Wade is not about choice, then what is it about, the lack of gender equality and not being woman-centered as Justice Ginsberg expressed, maybe, but I feel it goes beyond that and she, Justice Ginsberg, alluded to it in her statement that Roe v. Wade was ‘the freedom of practice’ or better yet, is abortion a legal medical procedure? Cloning is a medical procedure, but it is highly regulated and restricted as it should be. The sanctity of life is very important. So much so, the preamble of the Declaration of Independence, the Fifth and Fourteenth Amendments to the U.S. Constitution all relay to the importance of ‘Life,’ for each express the right of every person in the U.S. is to “Life, Liberty, Property, and Happiness.” If Life was not important to our founding fathers, then it is very unlikely it would have been stated first in the list of rights as detailed by these documents. Life is so important that in Genesis 9:1 of the Bible, God instructs Noah and his sons to “Be fruitful, and multiply, and replenish the earth.” This after the flood that eliminated all life except that which was contained on the Ark. If Life was not important, God would not have created man and woman after creating the earth and all the vegetation and creatures living upon it as stated in Genesis 1: 26-28. The sanctity of life was expressed early on of how important it is more than anything else in the world. If life was not so important, then why does NASA and scientists continue in their search of evidence of life in the universe by visiting the Moon, Mars, and other planets within the solar system searching for it? So, which life then takes precedent? A stare decisis doctrine concept to be explained later.

 

Another element of the Pro-Choice argument has been the “health” of the woman. Health is very important to sustain life but based on the Pro-Choice argument is health even an actual reason why abortions have taken place and the answer is no. Per Planned Parenthoods own statistics less than one percent of all abortions that are performed are based on any health-related issue or by a cause of rape and incest and at this point 85% of the pregnancies caused by rape or incest, the women chooses to give birth to the child. In addition, in the case of rape or incest, the common belief which has been publicly stated is that the unborn human fetus should be aborted. This being, not having any part into the reason why they are being created, by these statements are now becoming an object of disdain and its’ destruction is being called for. This is bigotry in its truest sense for by these statements one is putting themselves in a position of superiority over another. Overwhelmingly, Planned Parenthood stats taken from a survey they give to the women who want an abortion show that the number one reason why women have or want to have an abortion is due to the fact that these women just do not want to be burdened with raising a child. It is just an unwanted pregnancy for the child will interrupt their education or career, or that the woman is not financially able to give birth and care for a newborn. These are not health-related issues rather, they are personal attitudes and feelings towards pregnancy. As with Roe v. Wade, McCorvey stated she did not want to abstain from having sex, nor did she believe in the use of any contraceptives but still she wanted to have sex without any of the risk or responsibility of the consequences. Here is another counter argument presented by Pro-Choice.

 

A part of their argument here goes to the claims of the ‘defectiveness nature’ of some condoms. Condoms in the proper use have been proven to be the most effective means to prevent a pregnancy, but if one chooses not to use a condom then the chances of getting pregnant are increased and one must accept the consequences of that choice. Admittedly, any product produced can have some that are defective. However, out of the nearly 427 million condoms produced and sold in this country since 2011 (www.statita.com/usageofcondoms2011-2024), only about 3% failed in preventing a pregnancy and of those failures, the reason why the condom failed was not due to any defective nature of the condom but rather, it was attributed to improper use of or application of the condom with oils. Basically put, either the person did not know how to apply the condom or when used in conjunction with certain creams and oils, the latex material construction of the condom was destroyed for the combination of certain oils and creams can deteriorate or dissolve the latex making it useless. This is not a defective design flaw from the factory. It is education in the proper use and handling of a condom which can be done by reading the box or package in which condoms are contained.

 

Life is all about the decisions or choices one makes from one moment to the next. What a person decides to do in any given situation is related to the result of that choice they made. ‘Abortion on demand’ as called for by those of Pro-Choice only implies that the woman is desiring to use the medical procedure as a contraceptive tool and not as a means to improve the health of any individual woman. This type of determination or characterization then makes an abortion like having a tummy tuck. This is not about going to the local surgeon for outpatient treatment in the office for any cosmetology enhancement. Abortion is all about choosing one life existence over another and who has the right to choose one life over another when the initial choices to prevent a pregnancy were not considered. Actions have consequences and we all must accept those consequences of the choices we make.

 

The late Antonin Scalia, a former U.S. Supreme Court Justice who served on the court with the late Ruth Bader Ginsberg, also felt that “Roe v. Wade was wrongly and incorrectly decided.” ⁵ It should be noted here that Ginsberg and Scalia were on the opposite ends of conservativism and liberalism. “The right to privacy was expanded into a right to personal autonomy, with the emphasis on the right to control the use of one’s body.” ⁶ Scalia believed, “justices did not have a free rein to create rights as they see fit. He believed justices should employ a standard rooted in the Constitution and American History and that cannot be altered or manipulated by future court majorities.” ⁷ “The procurement of an abortion was not protected by any long-standing tradition since many states enacted laws limiting abortions before Roe v. Wade was even a case to be decided.” ⁸ He felt “Abortion cannot be considered as a fundamental right.” ⁹ “The Constitution does not contain any provision stating, ‘Congress shall make no law abridging the right of privacy.’ However, with this original ruling, The Supreme Court decreed that certain ‘private’ activities including abortion, should be considered ‘fundamental rights.’ Therefore, these rights are covered under ‘due process’.” ¹⁰ the belief was that anti-abortion laws created an ‘undue burden’ of standards or a ‘substantial obstacle’ to overcome.

 

Another major component of the argument by Pro-Choice and was presented by the Roe v. Wade case centers around the “potentiality of human life or is a fetus within the womb of a woman human? Abortion opponents argue or question the fetus being called a ‘human life’ for as some societies determined newborn children not yet born are not human. Roe v. Wade authors felt this was not the correct application of ‘reasoned judgement,’ but it merely meant it must be followed because of stare decisis. (Stare decisis is a doctrine courts use and adhere to in setting precedent when to stand by things.) Scalia felt, when then should stare decisis be followed and when should it be disregarded” ¹¹ as a human fetus being developed in the womb of a woman is the result of the interaction between a man and a woman, then the only logical conclusion and determination that can be made is that the fetus is exactly human, no stare decisis or precedent needed to be established here, it is called human biology. The Courts power lies within its legitimacy to make decisions on laws not to establish stare decisis or precedent. The role of the Judicial Branch is only threefold; 1) to interpret law, 2) to determine the constitutionality of law, and 3) apply it to individual cases. The Court does not create rights or laws randomly or as “they see fit” as was done when Roe v. Wade was first decided.

 

So, what did the ruling on June 24, 2022, do? It followed the United States Constitution’s Tenth Amendment which states, “Powers not delegated to the United States by the United States Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The majority of the Justices of the Supreme Court, on June 24, 2022, righted the wrong created by the 1973 Supreme Court decision on Roe v. Wade. It placed the determination of the legality and validity of an abortion in the hands of the people and the States where it should have been for 49 years.

 

References

¹ Justice Ruth Bader Ginsberg offers Critique of Roe v. Wade during Law School Visit, (May 15, 2013), Heagney, Meredith

² Ibid.

³ Why Ruth Bader Ginsberg wasn’t all that fond of Roe v. Wade, Interview by Professor Mary Hartnett, Georgetown University (9/21/2020) Gupta, Alisha Haridasani, www.nytimes.com

⁴ Ibid

www.supreme-court.laws.com Antonin Scalia

⁶ The Law in America, a History (1974) pg. 258, Schwartz, Bernard

⁷ Scalia’s Court, A Legacy of Landmark Opinions and Dissents (2004) pg. 92, Ring, Kevin A.

⁸ Ibid

⁹ Ibid, pg. 91

¹⁰ Ibid, pg. 106

¹¹ Ibid

 
 
 

Thoughts from the Second
Pour

Clinking Whiskey Glasses

The Thought posted needs no explanation

by RG 

June 26, 2022

I want to convey a Thought concerning my posting under Thoughts. First, I do not apologize for my statements of what I believe for we all have a right to our opinion.

I know some will find what I wrote offensive and object to what I wrote based on their own personal believes. This is fine for we all have a right to our opinion and have a right to have our opinion heard. 

My statements are not meant to incite anger but rather are meant to educate and provide a measure of clarity away from all the other explosive rhetoric that confronts us 24-7-365.

I hope you will accept what I have stated in the manner in which it was presented. 

I thank you for reading what I have written.

RG 

 

                      Continued post

     ****An Invitation to respond***

                               A letter to the President of the United States of America

                                                      by RG

                   October 12, 2021, day 265 of the Biden Presidency

 

The President of the United States of America

1600 Pennsylvania Avenue

Washington, D.C. 20500

 

Dear Mr. President,

Time has come for you and your administration to stand up and answer for your in activity in ignoring the issues that are currently facing this country that are caused by your policies since you took office ten months ago. Your refusal to act like a man and a President, borders on a dereliction of duty for the man who was elected to represent the most powerful nation in the world and to answer the questions of the people. This shows your cowardice to face the people one on one who you represent. The question we have then is why are you afraid of the people? Is it because you know you are a failure?

 

Your approval rating is currently sitting at 38% for all categories and sinking. Very impressive! If you do not realize it, you are doing a horrible job. Excluding your debacle departure from Afghanistan leaving Americans behind, which that you said and promised you would not do, getting Americans killed, and then leaving billions of dollars of US military equipment and supplies behind now making the Taliban better armed and more powerful than what they previously were before, you now want to open formal negotiations with a group of terrorists, are you insane? Then there are your failed domestic policies.

 

The economy failures, inflation, supply chain failures, the border crisis (growing worse daily), illegal mandates attempting to make citizens to act and do things that go against their individual rights and freedoms, forcing companies to fire employees against their will, medical workers being fired, police officers and fire fighters being fired, teachers being fired, now federal government employees, i.e. air traffic controllers, and airline employees being fired, the potential seizures of companies, and now the weaponizing of the DOJ and FBI while demonizing parents for standing up and protecting their children, all has the appearance of someone who wants to cause chaos and destruction. If your goal is to destroy America rather than to unify America as you stated in your inaugural address, well sir, you are doing a great job!

 

Allowing people to cross our border without any repercussions for their illegal actions, requiring the citizens to be vaccinated but not forcing those whom you have allowed in this country illegally offering them only the option, shows you have no caring for the citizens of this country and America is not a priority to you. These people are trespassing on private property, and they are destroying the property of private US citizens all without any concern from you. The tent cities now being constructed at the International Bridge in the Del Rio area of Texas confirms the fact you have disdain for this country. Your Vice President’s refusal to attend a border meeting with Mexico but opting out to go to a bakery in New Jersey and create a video with child actors also confirms that the problems now facing this country which this administration has caused and implemented on to the citizens of this country is of no concern to you and is not important. These are just a few of the horrifying conditions of your ten months in office. What is instore for the remaining 38 months? You, Mr. President, are killing America.

 

Your inability to answer for your connections with China, your son, Hunter, and his fraudulent means of utilizing his relationship with you during your time as Vice President, all show you are not a President but a shyster, stealing from the people of the United States of America and have been doing so for the fifty years you have been a politician. You answer to the people, all the people, of the United States and now time has come for you to answer up and step up and explain your actions and reasons why to the people. Your talk has been cheap and meaningless to those of us who love America. This country has never been perfect but what you have done and what you are doing is breaking down and not building up anything positive about this country. During any normal circumstance being a President, it is a difficult job but when a President creates and exasperates situations to a higher, more intense level, questions must be asked and answered by him and not just ignored by turning your back. The issues you have created are not going away, are not going to get any better but only worse if you do not cease and desist.

 

You have abandoned the principles of the oath of office you took on January 20, 2021. You are illegally calling for companies to form allegiances with the government under the threat of high fines and corporate takeovers and seizures of businesses. I hold you, Joseph Robinette Biden, Jr. acting as the 46th President of the United States of America, personally responsible for the atrocities and continuing harms you are performing on this country through the government and commented against this country and the citizens of the United States of America. Time has come to call a duck a duck. You are not immune from your actions even as a President, it is called accountability. Time has come for your accountability.

 

So, Mr. President, when are you going to stand up and act like the President of the United States, act like a Man, act like you give a damn, and act like the person whom you have professed yourself to be? If you cannot manage the horrible reality of the actions you have caused, you need to resign from the office of the President of the United States immediately for it is quite apparent you cannot handle the duties and requirements of the office. Turning a deaf ear, a blind eye, and your back to the country is no longer an excuse and acceptable behavior for a President of the United States and that we the citizens will not accept. To put in simple terms so that even you can understand, I call into question your loyalty to the United States of America Mr. President and the principles for which it stands.

 

I look forward to your response if you are man enough to do so.

 

Sincerely,

RG

Bio

RG

Picture1.jpg

Over 30 years of airline industry and life experience has been the basis for my writings. Life is one continuing voyage that must be experienced, the good as well as the bad. We are but mere images of what we hope to be so if we don't attempt to reach our potential in whatever we desire, then we face an eternity of what might have been. 

 

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