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Does This Mean Pro-Life Wins? What the Supreme Court Ruling Really Means

By Kathy Six

June 29, 2022

Ripping Away Women's Rights

As the big news of the the SCOTUS decision to overturn a 49 year ruling on abortion came down on Friday, many took to the streets in protest. Those protesting against the decision focused on what they believe is ripping away the rights of women across the United States. To clarify such a ruling and its effect on women’s rights, we must first define the ruling.


A Republic, not a Democracy

Let’s start with some basic government lessons. I know we all sat through them in high school and many in college but chances are, you, like me, did not have an engaging and animated teacher who brought government to life. There is, though, a necessity to understand how our government operates.

One cannot live in this magnificent country and its beautifully designed government without a deeper understanding of how it works. Our Founding Fathers created a Federalist government, where powers are divided to protect against tyranny and dictatorships. The power was distributed among three branches, and then further into three levels; federal, state and local. A brilliant plan so far. To add to our Founding Father’s magnificent plan, they instituted a Republic, not a Democracy, since democracies are still prone to tyrannical and dictatorial leaders.




Rights are Endowed by our Creator

The toppings on this beautiful governmental sundae was the Constitution. A living document that could be added to as needed to take into account what our Founding Fathers knew they would be incapable of predicting.

You likely remember that the Constitution contains the Preamble which lays out the mission and ideas of this new country they had fought and many died for. Following the Preamble are the Bill of Rights. They are the first ten and considered by most as the greatest of all rights that are inherent as they are endowed by our Creator, not the government. Here’s where our Founding Fathers were absolutely brilliant. The Tenth Amendment is written as follows…

"The powers not delegated to the United States by the Constitution, nor

prohibited by it to the States, are reserved to the States respectively, or to the

people."


This amendment allows states to assume powers the federal level does not. Since it is the Supreme Court’s duty to interpret the law, they must endeavor to determine if a power is federal and is covered under the Federal Constitution. If not, the power is handed over to the states. This would explain differences in things like driving age, death penalty, and firearm rules.



The Supreme Court Got it Wrong 49 Years Ago

Now let’s get back to the overturning of Roe VS Wade. The Supreme Court judges needed to examine the Constitution and look for any place where it is explicit or implied that women’s health care are part of the federal level's powers. Please remember, that the Supreme Court only gives opinions on concepts when they are brought before them and/or have not been successfully decided by lower courts. It can take a great deal of time and effort to get an opinion by the Supreme Court. As amazing as these justices are, they can get it wrong and they did 49 years ago when the court first determined the Constitution considered the right to an abortion a federal level law. It is NEVER the judges right to make law. The Supreme Court that made the Roe VS Wade decision were essentially activists. They ruled based on beliefs, not Constitutional law.


Abortion Regulations Go Back to the States

What happens next? Some believe abortion is now illegal throughout the nation, however, that is not the case. What's important to know is that now the decision has been put back into the hands of the people. We do this through our state laws and its imperative we pay close attention to what each state does with the ruling on abortions now that it has been sent back to where it belonged in the first place. Much like the death penalty, each state will need to determine if it will legalize abortion within their border. Some states already have laws on the books regarding abortions within their state Constitutions that were written well before the court ruled on Roe VS Wade. In Michigan for example, Act 328 of 1931, clearly states administering any type of abortion is illegal except when saving the life of the mother. It would seem Michigan’s legal issue is black and white, but unfortunately not so. Planned Parenthood filed a suit in 1931 against this Constitutional law and in a Court of Claims, Judge Elizabeth Gleicher granted a preliminary injunction for Planned Parenthood which some argue still stands. For now, the law is as clear as mud, however, aversions are now happening in double time.



Pro-Abortion Advocates are on Borrowed Time

Pro-abortion advocates including Governor Whitmer, know they are on borrowed time. As a matter of fact, Governor Whitmere has already filed in court for the 1931 law to be struck down and is demanding in a motion that the State Supreme Court hear her case immediately. This demand for such urgency is typical Whitmer avariciousness.





You Hold the Power

Where does that leave the state of MIchigan? It likely leaves us in a state of limbo, for now. November is coming upon us quickly, and therefore, it is conceivable the abortion issue will be decided at the ballot box. A pro-life governor would have no interest in challenging the Constitution or signing laws by legislators to remove Act 328. Without a ruling on Whitmer’s motion, it would drop into the great void of court castaways. As a conservative, your greatest power is the moment you step into line to vote. Choosing a pro-life governor is unlike choosing a pro-life president. The effect is immediate. The time is now and the power is yours.