The Justice Chronicles, Volume 40: Abortion and the Right To Bear Arms

Each year the Supreme Court ends its session in June and oftentimes our nation eagerly awaits a few major decisions. It’s a little known fact but anyone can contact the Supreme Court and they will mail you a bound copy of the opinions. I’ve ordered copies of Dobbs v. Jackson Women’s Health Organization (abortion) and New York State Rifle & Pistol Association v. Bruen (gun control). I had hoped to read both decisions before writing about them but I won’t receive these opinions for a few weeks and I didn’t feel I could wait to at least something. I’ve already written about Dobbs in January

So think of this as a preview (for your consideration).

In 1973 the justices ruled in Roe v. Wade that no state could ban abortion. The majority opinion was written by Justice Harry Blackmun (1908-1999) and ruled that any decision concerning a woman’s health belonged only between the woman and her doctor. Government held no role in this.

Opposition to this ruling came swiftly. The Catholic Church condemned it immediately and evangelical Christians took it on in the early 1980s. They argued that the primary relationship wasn’t between mother and doctor, but between mother and unborn child. They argued that the unborn child was a person from the moment of conception and was due all the rights of any person. Abortion, simply put, was murder.

Since I haven’t read the Dobbs opinion yet I don’t know what reasoning they chose to overrule Roe, but I’ll let you know as soon as I know.

The gun control case appears to make a decision in fairly narrow grounds. All 50 states allow someone to conceal a gun when he is out in public. Some require a permit and a few, including New York, make granting a permit more difficult. Nine states (including New York) require a resident to apply and show cause. That is, he or she must show a need for additional protection above and beyond the need for ordinary citizens. I imagine that would include someone who has a restraining order against someone with a history of violence or an off duty police officer.

Again, I haven’t read this opinion but I will be happy to share mine when I have one.

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