“The Rule of Law is supposed to lift law above politics. The idea is that the law should stand above every powerful person and agency in the land. Rule by law, in contrast, connotes the instrumental use of law as a tool of political power.” (Stanford Encyclopedia of Philosophy) https://plato.stanford.edu/entries/rule-of-law/
“It’s not just that US Supreme Court majorities upheld Mississippi’s 15-week abortion ban and overturned Roe v. Wade. The opinion also skewed the crux of the conversation going forward — with just three words.
“Unborn human being” is the term Associate Justice Samuel Alito adopted from the Mississippi statute, thereby replacing the key phrase in the landmark 1973 Roe ruling that spelled out a constitutional right to abortion: “potential life.”
It may seem like a semantic argument. Experts say it’s anything but.
Alito didn’t write God or Christianity or Bible anywhere in the opinion, but his justification is a veiled “religious narrative,” said Rebecca Todd Peters, a religious studies professor at Elon University. By co-opting the language in Mississippi’s law in Dobbs v. Jackson Women’s Health Organization, the majority opinion gives credence to the notion — embraced largely by the religious right — that life begins at fertilization, she said. The ruling has already emboldened several states to ban and criminalize the medical procedure in almost all circumstances.
“That is an enormous shift,” Peters said. “It erases whole groups of people who have different religious beliefs.” https://www.cnn.com/2022/07/17/us/abortion-religion-dobbs-roe/index.html
“The Rule of Law is supposed to lift law above politics. The idea is that the law should stand above every powerful person and agency in the land. Rule by law, in contrast, connotes the instrumental use of law as a tool of political power.” (Stanford Encyclopedia of Philosophy) https://plato.stanford.edu/entries/rule-of-law/
The Supreme Court’s Conservatives Have Asserted Their Power
But what if their big and fast moves, eviscerating some constitutional rights and inflating others, are bound for collision? https://www.newyorker.com/magazine/2022/07/11/the-supreme-courts-conservatives-have-asserted-their-power
“It’s not just that US Supreme Court majorities upheld Mississippi’s 15-week abortion ban and overturned Roe v. Wade. The opinion also skewed the crux of the conversation going forward — with just three words.
“Unborn human being” is the term Associate Justice Samuel Alito adopted from the Mississippi statute, thereby replacing the key phrase in the landmark 1973 Roe ruling that spelled out a constitutional right to abortion: “potential life.”
It may seem like a semantic argument. Experts say it’s anything but.
Alito didn’t write God or Christianity or Bible anywhere in the opinion, but his justification is a veiled “religious narrative,” said Rebecca Todd Peters, a religious studies professor at Elon University. By co-opting the language in Mississippi’s law in Dobbs v. Jackson Women’s Health Organization, the majority opinion gives credence to the notion — embraced largely by the religious right — that life begins at fertilization, she said. The ruling has already emboldened several states to ban and criminalize the medical procedure in almost all circumstances.
“That is an enormous shift,” Peters said. “It erases whole groups of people who have different religious beliefs.” https://www.cnn.com/2022/07/17/us/abortion-religion-dobbs-roe/index.html
7AM MDT, tomorrow morning, 18th