Friday, May 6, 2022

Ben Shapiro: End of the Road for Roe?

 This week, an anonymous leaker violated generations of Supreme Court norms by passing on to Politico a draft decision by Justice Samuel Alito in Dobbs v. Mississippi, the case considering overturning Roe v. Wade (1973). 

       That draft decision, reportedly supported by a majority of the Court including Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, junks Roe in its entirety, denying the existence of any constitutional "right to abortion"; the majority opinion also trashes Roe's follow-up case, Planned Parenthood v. Casey (1992), which substituted a vague and unworkable "undue burden" test to determine whether or not a law restricting abortion was unconstitutional in place of Roe's trimester framework. Alito writes, "The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority."

Alito is, of course, correct. Roe is a legal abomination with no support in the Constitution's text, our nation's history or any legal precedent. The Supreme Court merely usurped power in order to jam down its political opinions on millions of Americans; Roe didn't end national controversy on abortion, it froze it in place, preventing states from adopting regulations tailored to their voters. Overturning Roe would merely restore the question of abortion to the states; New York would continue to allow abortion until birth, while Texas would ban nearly all abortion.

But according to the Left, the end of Roe will usher in a fascistic hellscape. President Joe Biden called the decision "radical," and said, "The idea that we're letting the states make those decisions, localities make those decisions, would be a fundamental shift in what we've done." Senate Majority Leader Chuck Schumer called the decision a "dark and disturbing day for America," even as Democrats called for attempting to nuke the filibuster to codify Roe into federal law. Sen. Elizabeth Warren, D-Mass., said she was "angry and upset ... The Republicans have been working toward this day for decades. They have been out there plotting, carefully cultivating these Supreme Court justices so they could have a majority on the bench who would accomplish something that the majority of Americans do not want."

Naturally, Warren was unwilling to explain why, if so many Americans support her point of view, she is opposed to allowing them to vote on the issue. But the answer is clear -- as clear as the reason why the Left is perfectly sanguine about someone leaking the draft decision in the first place: Democratic norms, the Constitution, and principle are of no consequence. All that matters is result. The Left has viewed the Supreme Court as a preserve for progressive policymaking for decades. The Dobbs v. Mississippi decision would restore the Court to its original role: an impartial arbiter of the law, rather than a Left-wing superlegislature. And the Left cannot abide that possibility. They would prefer a Supreme Court that imposes Leftist social priorities from above.

That is particularly true when it comes to abortion, the most vital Leftist sacrament, an action of holy import. For the Left, abortion represents the power to deny the objective value of human life; it represents willingness to engage in the highest form of self-serving moral relativism. Absence of abortion presents the possibility that actions have moral consequence, that the value of life is not an arbitrary and subjective one, that women and men have duties to their children. All of which challenges their basic worldview. To have that logic subjected to the voters is an indignity the Left cannot bear. And they will use every tool in their arsenal to prevent that possibility.

Ben Shapiro, 38, is a graduate of UCLA and Harvard Law School, host of "The Ben Shapiro Show," and editor-in-chief of He is the author of the New York Times bestsellers "How To Destroy America In Three Easy Steps," "The Right Side Of History," and "Bullies." To find out more about Ben Shapiro and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at



Anonymous said...

66 MILLION babies have been murdered in the country, 'lawfully'. What the Nazis did to millions of Jewish people during the Holocaust pales in comparison to what we have allowed to happen in this country. The issue of abortion has more to do with personal responsibility, or lack thereof, to the liberals/democrats than anything else. There will come a day of reckoning to all those that have vehemently supported the barbaric practice of abortion.

Anonymous said...

One way or the other ..killers gonna kill and hussies gonna huss. You would NEVER NEED to murder a child in your womb if you simply take birth control. AND IT IS FREE to most ! So ? Laziness leads to women killing which leads to a lifetime of guilt which leads to a world of shit. All you had to do was eat a pill or get the implant.

Anonymous said...

The United States will become the only 1st world country without reproductive rights. Welcome to the Christian Taliban’s version of sharia law. The gap between the successful states and the shithole states will only widen. Move out while your property is still worth something. Pretty soon, no one under 50 will set foot in this abomination of a state.

Krusatyr said...

If Shapiro identified as Libby Warren's mother, could he abort her since she is freshly reborn as a non-Navajo, having been spit tested in the negative and denied tribal standing?

Libby Warren took an axe
Skinned Freedom forty whacks
Lusting still for blood to run
She scalped fetuses forty-one.

Anonymous said...

With precedents no longer in effect, I would expect the left to attempt the same court packing the right has. The 2nd amendment is begging for a new interpretation.

Anonymous said...

The libs are trying to say that if abortion is outlawed (which it will not be even though it should) it will be the responsibility of the govt (republicans)to take care of the kids. (Free Pre K, medical care etc) Hell, I thought we (tax payers) were already doing that. There is a freakin' program or handout for EVERYTHING> That is the problem with this country, no one is responsible for their actions.

Birth control is readily available and you can get it for FREE!

Anonymous said...

I can't believe you would compare this to the Holocaust.

I also feel like you were literally frothing at the mouth while furiously typing out your comment.

That'sMisterDeplorableToYou said...

I see some enterprising person investing in a hotel in the nearest abortion state and a big ol' bus running back forth to Jackson and the coast.

Anonymous said...

Elizabeth Warren is a lunatic. She also lied about being an Indian. I can't take her seriously, along with people who take her seriously. She is a fraud just shilling to keep getting elected. This leak is less about Roe vs. Wade and more about riling up & exciting the base so they don't get trounced during mid-terms. It's calculated, much like everything the left does.

Krusatyr said...

No one on SCOTUS is currently proposing an end to all abortions. Rather they may get it out of its federal mandate and return it to the States (the People), per Constitution.

Killing fetuses will be continuous open season in blue states, many with no bag limit.

Anonymous said...

Yawn. Alitio’s legal analysis has merit, but thinking the people elect representatives in light of dark money (hello Citizens United) and ongoing voter disenfranchisement is laughable.

And since Ben is all concerned about the people’s will, how do six Catholics get to decide the fate of all women regardless of an individual woman’s religious beliefs, if any?

Real question is why a court that decided Dread Scott, Plessy, the Slaughterhouse cases and Shelby Co should be considered legitimate by the citizenry. The court has been, is and always will be political.

Anonymous said...

Assuming SCOTUS doesn't change its mind, in a few weeks abortion will be illegal in Mississippi. We have one of the trigger laws that will kick in 10 days after Roe is overturned. From my reading of it, there will be no abortions except in cases of rape or saving the life of the mother. No exception for incest.

So we will have even more unwed mothers that will need government money. You think Jackson is bad now, just add a lot more kids raised in the hood.

You also mention birth control. Don't be surprised if our legislature goes after that too. The proposed law that we voted down about 10 years ago could have actually outlawed birth control pills. Most of the time the pill prevents fertilization in a couple of different ways. However, as a last resort it does make the uterus inhospitable to fertilized eggs. It is possible that if your wife is on the pill, she has already terminated a fertilized egg.

Also, Roe was based on a right to privacy that is not specifically mentioned in the Constitution. Take that away and watch gay marriage, interracial marriage, gay sex, premarital sex, and even certain types of straight married sex be on the table for outlawing again.

Anonymous said...

May 6, 2022 at 2:51 PM; nice try, but the right didn't pack the court. you either know that and choose to lie like a typical lying degenerate leftist, or you have no idea what you're talking about and should educate yourself. the right didn't pack the court, the right only filled empty seats on the court. packing the court means adding a bunch of new justices to the 9 already there so a super majority of a particular ideology; degenerate, activist, leftist, can be achieved. the left wants to pack the court. not the right. and anybody that's in favor of packing the court obviously hasn't thought it through. next time there is a republican president and senate, they can pack the court the other way. then the whole process is a fucking joke.

as to the second amendment, there is nothing to reinterpret. it is as clear as a bell. it's written right there, the right to bear arms shall not be infringed.

there is nothing in the constitution that gives a woman the right to pay someone to kill her unborn baby.

Anonymous said...

The Right has had its last dance. Denying a women the right to control their bodies is the last straw. Over the next ten years you will she a political upheaval that they will never recover from. Remember right or wrong the majority of Americans believe in the right to abortion.

Anonymous said...

Kill an unborn baby, what an oxymoron.

Anonymous said...

"The United States will become the only 1st world country without reproductive rights. Welcome to the Christian Taliban’s version of sharia law. The gap between the successful states and the shithole states will only widen. Move out while your property is still worth something. Pretty soon, no one under 50 will set foot in this abomination of a state."

Interesting take, and hard to argue with.

Anonymous said...

The Constitution defines a citizen as someone BORN in the US or naturalized. Fetuses and embryos are not yet BORN. Hmmmmm.....

anonamouse said...

What about the rights of the unborn child? Don't hear this championed by the heathens touting women's rights.

Oh....makes no difference whether most Americans are for abortion. God does not approve of this and that is the ultimate decision.

Anonymous said...

Limbaugh: “If You Look At Liberalism As A Religion, Abortion Is The Sacrament”

Anonymous said...

Yes, 8:11 am and it also says something about freedom of religion. Not all religious denominations ( including Protestant ones) oppose abortion.So, Alito wants to force his religious beliefs and that of Mormons, Catholics and evangelicals ( who make of the majority of the Pro-Life movement , down our throats. Some of us Christians don't believe Jesus saw women as inferior humans to be subjugated to males.And, most women with brains understand the objective of white males and religions is to create more white babies and babies to be raised in THEIR religion. We remember also, that when the Constitution was written, women and their babies were considered PROPERTY. A husband could beat or kill both without being held accountable and did. Some of that is also why you want to control education...Godforbid more girls will learn that!

Anonymous said...

“The unborn” are a convenient group of people to advocate for. They never make demands of you; they are morally uncomplicated, unlike the incarcerated, addicted, or the chronically poor; they don’t resent your condescension or complain that you are not politically correct; unlike widows, they don’t ask you to question patriarchy; unlike orphans, they don’t need money, education, or childcare; unlike aliens, they don’t bring all that racial, cultural, and religious baggage that you dislike; they allow you to feel good about yourself without any work at creating or maintaining relationships; and when they are born, you can forget about them, because they cease to be unborn. It’s almost as if, by being born, they have died to you. You can love the unborn and advocate for them without substantially challenging your own wealth, power, or privilege, without re-imagining social structures, apologizing, or making reparations to anyone. They are, in short, the perfect people to love if you want to claim you love Jesus but actually dislike people who breathe.

Prisoners? Immigrants? The sick? The poor? Widows? Orphans? All the groups that are specifically mentioned in the Bible? They all get thrown under the bus for the unborn.

Pastor Dave Barnhart

Anonymous said...

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are "Life", Liberty and the pursuit of Happiness". Should these words be stricken from the record? Do we still have the right to life? If these words still have power, why aren't the unborn being protected?

anonamouse said...

11:47 sounds like a BLM extreme liberal supporter. Alito is simply reversing the error of removing from citizens the right to make the decision as to whether abortion is legal or not. He's not forcing any religion on anyone. It is you who are attempting to force your religion of extreme liberalism on all.

In the end it is God who makes the decision that abortion is not ok. You don't have a say in this.

Anonymous said...

11:47. Do you actually believe what you wrote? Do you really think Jesus would have been in favor of on-demand abortion? If you do, one could suspect you completely misunderstand what Jesus was about.

Anonymous said...

"With precedents no longer in effect, I would expect the left to attempt the same court packing the right has. The 2nd amendment is begging for a new interpretation. May 6, 2022 at 2:51 PM"

Let's see, 2:51...The Second Amendment is clearly mentioned in The Constitution. Abortion is not. Do you really NOT understand the practice of making-up Constitutional law?

And if you think that Supreme Court decisions are based on precedent, you're out of your gourd.

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