Settled Law

I recently wrote elsewhere about the odd way Dims like to interpret rights, specifically abortion. Regardless of whether you’re pro-abortion of pro-life, you should find ROE v. WADE to be really bad pseudo-constitutional law.

Somehow, the 1973 Supreme Court waded through the Fourteenth Amendment — written to ensure equal rights for freed Blacks post-Civil War — and found a right to abortion. Rationally, you might have expected them to look to the Ninth Amendment.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Right there; an acknowledgement of rights not otherwise mentioned.

The SCOTUS leak strongly suggests that SCOTUS may be about ready to toss ROE v. WADE, and the Left is panicking. They’re screaming that ROE v. WADE is “settled law” and may not reviewed by SCOTUS again.

Either way, gun owners should rejoice… and consider this in terms of the Second Amendment.

It’s common for the Left to now grudgingly admit the existence of the right to keep and bears arms, But that’s just muskets, not “assault weapons,” “high capacity” magazines, or [insert Lefty bugaboo of the moment].

Scenario 1: ROE v. WADE stands.

My right to “high capacity” (i.e.- normal) magazines is protected by the 14A, just like it protects abortion.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Equal protection. If any person can have standard capacity mags, so can I. Or are they going to says police and military aren’t people?

This has the added benefit of imploding lefty heads when you invoke the infamous Dred Scott decision; all free men have a right to be armed. But being terrified of armed, freed Blacks (who might hold a bit of a grudge over past slavery), they ruled against Scott’s free status.

If SCOTUS can’t revisit ROE v. WADE and toss it, Then Dred Scott — with all the nasty implications for Blacks today — should still be “settled law.”

Somehow, I doubt that will endear Dims to Black voters this Fall.

Scenario 2: ROE v. WADE overturned.

This could go two ways (or a bit of both). Pro-abortion advocates could simply turn to the states, or they could suddenly take cognizance of the Ninth Amendment and start arguing for that abortion protection. They’ll still be whining about “settled law.”

So. Do. We. My right to that pile of 30-rounders is protected by the Ninth Amendment; it’s an unenumerated right.

And hey; we can still make heads implode with the all-free-citizens-may be armed 14A/Dred Scott argument. We will be the sane people saying Blacks are free and due all the same rights, while the Left will be in the position of pissing off their voters by claiming the opposite.

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3 thoughts on “Settled Law”

  1. The argument is not “police can have mags/guns/etc” because they are working in official capacity of the state and the mags/weapons referred to are state property (just like nukes or tanks or jets with missiles etc) but rather the argument that should be brought is by a gun owner in California because they don’t share the same freedoms as a person in a free state to own mags/guns/etc. The state-to-state gun controls that we see are clearly a violation of equal protection.

  2. Oh, I am going to sit back and sell popcorn! I had not even thought of this. The left’s little heads have already exploded, they are showing up at the justice’s homes. I’m thinking whoever leaked this is going to have 8 other people angry with them. This is how the left rolls, threats bullying and no respect for the law. Unless it’s one they want.

    1. I hope that the conservative side( you cannot say the Republicans anymore) see this, or think of this, and run with it. You can’t call Republicans conservatives anymore, but you cannot find any center leaning Democrats in today’s political climate either.

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