The Supreme Court worm has finally turned

In Dobbs, the constitutional worm has turned to face its attackers. Dobbs is not about abortion; it is about the Constitution. Dobbs is not about religion; it is about the Constitution. Dobbs is not about morality; it is about the Constitution.

Of the three branches of our government, Executive, Legislative, and Judicial, the first two are called the "political branches" because their subject matter is politics and policy. The subject matter of the Judicial branch, however, is law and logic, not politics and policy. The proper philosophy of the Judicial Branch is "Fiat Judicia; ruat Coelem," which translates "to let justice be done though the heavens fall."

To be constitutionally valid, a decision must logically flow from the text of the Constitution itself plus those valid decisions of the constitutional jurisprudence the Supreme Court has developed over time. Dobbs overrules Roe precisely because Roe fails this test, which is a failure that has been repeatedly observed by so many commentators over so many years. What is different today is the sudden appearance of a majority on the Court willing to do its judicial duty and follow the law.

Will Roe be the last evil holding to fall? Probably not, although it may be some time before others fall, too.

Image: United States Supreme Court (edited). Public domain.

The law has been traditionally presented in two broad categories, known as "substantive law" and "procedural law." The terminology is pretty self-explanatory. Substantive law deals with rights and duties, whereas procedural law deals with the procedures whereby these rights and duties are claimed, asserted, and implemented.

In their zeal to create constitutional rights unknown to the Constitution, the progressives have created a new category called "substantive due process," an obvious oxymoron. Justice Clarence Thomas already has his sights on decisions based on substantive due process, stating "Because any substantive due process decision is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents."

At long last, the constitutional worm has turned! There is definitely more to come! This may well herald a whole new era for the American Republic!

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