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I plead the Ninth

The overturning of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization is, you should pardon the pun, supremely disturbing. Basically, the decision claims that the right for a woman to have an abortion in the first trimester is pretty much absolute, reasonably absolute during the second depending on how it would affect the mother’s health, and subject to regulation during the third based on the fetus’s ability to survive outside the womb (I am oversimplifying to hell and gone, look up the Roe decision on your own to get a better understanding) is subject to state regulation and not guaranteed as a right under the 14th Amendment of the Constitution. The majority ruled in this case that the original text of the Constitution (including the first eight amendments) did not protect that right and therefor the right to an abortion was not constitutionally protected.

Now, for the time being, step back from your support or opposition to abortion rights.* Consider the Ninth Amendment (The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.). Arguably, this includes the right of women to control their bodies. Hopefully, the next time abortion rights go before the Supreme Court their protection by the Ninth Amendment will be clearly articulated before bringing up their protection under the 14th Amendment.

“It was never about the cards.” This missive is not about abortion rights. I am made nervous by the “original text” ruling and its disregard for the 9th Amendment. Perhaps it is time to make sure we assert that we enjoy unenumerated rights not listed in the Constitution that the government is expected to respect if not actively protect.

*On this point my reason is compelled to agree with Bill Clinton, abortion should be safe, legal, and rare. It is my observation that way too many politicians and others in power engage in activity that makes the world such a hellish place that many women are strongly tempted to get abortions rather than bring children into such a world.

Albert Perez
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No Shortcuts

In the gubernatorial election debate in Texas for 2022 the issue of gun control came up. The challenger, Robert “Beto” O’Rourke claimed “something must be done,” pointing to the Wal Mart Massacre in El Paso and the Robb Elementary School Massacre in Uvalde to illustrate the need. One of his proposed solutions was forbidding people under 21 from purchasing semi-automatic rifles. The incumbent, Gov. Greg Abbott, responded that such a ban would be slapped down as unconstitutional as such bans had been in other states.

Abbott is no great lover of gun rights, nor is his Lt. Governor Dan Patrick. They opposed constitutional carry right up until it would have cost them their chances of re-election. He does, however, get not pushing gun laws that would get declared unconstitutional.

I’d like to say that the disregard for the Constitution and the certainty of being declared unconstitutional was a liberal fault, however, it is more a sign of demagogue’s willingness to say anything, do anything to please the mob.

Beware of those who promise shortcuts.

Albert Perez
[email protected]