How The Overturning Of Roe V Wade Is An Indictment On Our Government
June 25, 2022
Who said studying for the Texas Bar Exam wouldn’t be exciting? I mean, how many people get to see the undoing of our legal system as they are studying to join said system?
The highest court in the land is supposed to be removed from the whims of politics. The highest court in the land is supposed to not only interpret laws under the Constitution, but do it justly. What is “just” has changed since 1787, but no matter the year political checkers or incorrect rulings are anything but just.
The ruling issued by the Supreme Court of the United States today in Dobbs v. Jackson Women’s Health Organization was incorrect. Every reason the Supreme Court has given to ban abortions is either factually false, or illegal.
The ruling is factually false because life doesn’t begin at conception or a heart beat, we know this with medical and scientific backing (not that science has ever meant anything to that audience.)
Additionally, the argument that abortions are not listed nor protected anywhere in the Constitution is false (health care rights, intimacy rights, liberty and freedom rights, bodily autonomy rights, privacy rights, interstate commerce rights, gender equity rights, etc.). Such an argument for “abortion” not being specifically mentioned made in the majority decision today to overturn Roe is outdated and dangerous as well.
Interpretation under the Constitution need not be limited to the literal reading of the document. Limiting what is Constitutional to the ideals, beliefs, depth of knowledge, or laws of 1787 is a death note for this country, and should never be practiced. Should we limit what is Constitutional to what the Constitution literally reads, a majority of laws would cease to exist.
Laws such as those regulating cars and airplanes, computers and privacy, the military and taxes, religion and free speech, and much more would cease to exist. Not to mention the endless number of ambiguities that would be created and re-created by combining an exclusively undeveloped 1787 mentality with a developed modern day society.
There are significant SCOTUS decisions that extend these rights to every person in our nation and they are not specifically stated anywhere in our Constitution.
The ruling the Supreme Court issued today is wrong because it violates the Court’s duty to do what is best for the people of this nation and its duty to justice. The ruling is illegal because it violates other Constitutional rights and regulations, both on an individual and national scale. The ruling is illegal because of the discriminatory and sexist intent and effect.
It’s time we addressed the real elephant in the room, or rather the elephants on the court. It is time to address the inadequacy of the highest court and the political checkers being played at the expense of the lives of our family, friends, and neighbors
The Supreme Court of the United States is out of control. It has completely escaped the control of the law and has disregarded justice for the people it is entrusted to protect.
The reality is that we now live in a nation where one segment of our government has no checks and balances. If the SCOTUS declares a law unconstitutional a constitutional convention or amendment is needed to override that ruling.
That process is long and arduous. We will need either a ⅔ vote of both the United States Senate and House of Representatives, or, ⅔ thirds of our states to call for a constitutional convention for this purpose. Even if we achieve either of these first two steps, we must then wait for three-fourths of the State legislatures, or three-fourths of individual constitutional conventions in each state to vote to ratify the amendment.
There is no balance in this process. For those oppressed by this ruling today, we have very little chance for decades to have any reasonable chance to address this overt political action taken by six Justices today that violates our fundamental right to life, the enjoyment of life, and liberty. Our current governmental set up unduly burdens the idea and intent of balance.
Additionally, today’s ruling shows how there are no actual checks on a SCOTUS packed with Justices who overtly abandon their duty. Who is checking the validity of the Supreme Court’s declarations before they impact every person of this nation? Who is ensuring that the justices are leaving their politics and beliefs at the courtroom door? Who is checking the validity and authenticity of the Supreme Court?The Constitution and the Founding Fathers attempted to create three balanced branches of government.
These branches of government were intended to have unilateral powers that could not be unilaterally exercised. Although we all make mistakes, and the Founding Fathers were certainly not perfect, they never could have imagined in their wildest dreams, or nightmares if we are being honest, what our country has become.
For Gen Z we are faced with the reality that it is on us to spend our lives ensuring that we update our governing system. With much-needed modern improvements, our functionality and sense of justice can be restored, impacting abortions rights and much more. Disallowing the Supreme Court to be dictators, abolishing the filibuster, and changing who holds the power and what power they hold will not only give justice to women, but it will also allow us to efficiently and effectively work towards restoring many other injustices we see today.
With medical, legal, technological, and ideological advancement, combined with the nearly contrasting composition of modern America from 1787, the overruling of Roe is false, illegal, blatantly politically partisan, and deadly for every single person in our nation.
This ruling impacts all Americans, as not only have we allowed the government to take away our right to bodily autonomy, but those who are minorities or of lower socioeconomic status are hit harder than anyone else. Minorities not only are the majority of our upcoming generations, ergo the majority of America will suffer this ruling, but additionally many studies demonstrate the impacts discrimination has on every person and on this nation.
As Generation Z comes of age, I guarantee you, America will see change. We will not tolerate hate and injustice masked as our Constitution. We will not allow America to change the narrative of history, nor will we allow the eyes of history to look back on 2022 and group us in an era with 1787. We will ensure our voices are heard at the table, we will go to the polls, we will write the laws, and we will change the way our government looks, both structurally and compositionally. And unfortunately for the Supreme Court, they have raised the eyes of the youth to see them as a model of unruly injustice. This ruling will have serious ramifications and Gen Z will be the vehicle for change our nation now so desperately needs
Haley Taylor Schlitz is 19 years old and the youngest Black person to graduate from law school in the history of the United States. In May of 2022, Haley graduated with her Juris Doctor from the SMU Dedman School of Law. In May of 2019, she became Texas Woman’s University’s youngest graduate in history when she graduated with honors with a Bachelor of Science degree from Texas Woman’s University College of Professional Education. She is also the host of the online show Zooming In w/Gen Z.