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  • Writer's picturelisaannettestanley

While ERA is Pending, Possible Appeal Strategy for Dobbs

Supreme Court Justices are supposed to be Fair, Impartial & Non-Partisan when they render a Decision in a Case before the Court. They don't Legislate from the Bench. It is also incumbent on them to keep personal biases out of it & let the facts speak for themselves.

That having been said, we've all seen the stunning power-grab with the appointment of Gorsuch, Kavanaugh & Barrett in the previous Administration FOR THE SOLE PURPOSE of overturning Roe V Wade.

Surely the Biden Administration should have seen this coming long before he was sworn into office as President.

Even casual observers like myself could see this steam engine barreling down the tracks in a head-on collision course with Women's Rights to Bodily Autonomy.

It occurred to me over the weekend, that one possible strategy for Appealing Dobbs is that it is Unconstitutional under the 9th Amendment.

In studying both Supreme Court Justices Ruth Bader-Ginsburg & Antonin Scalia I was surprised that I agree with their opinions about 50/50.

So what does the 9th Amendment say?

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

And what is this saying?

According to Scalia - who is an "Originalist, or a Texturalist" it is actually saying " Hey wait a minute. Just because a 'Right of the People' isn't spelled out in black & white or ENUMERATED in the Constitution, doesn't mean that it doesn't exist. That some rights are so fundamental that they go without saying."

I've had this Website since August 26, 2016 - Women's Equality Day - but when I opened my Permanent Page for the 9th Amendment earlier this year, it was geared towards Sex Discrimination & Hate Speech under the First Amendment, but it also implies any number of rights that are not spelled out in plain language.

So this is just a seed of an idea that I think would be worth looking into. Maybe I will flesh it out further some other time.....I've already spent all day at this & I need to get back to my "Day Job."

Plus, I'm sure that the Dobbs Attorneys are already making their battle plans for an Appeal.....

This could be an answer while we Feminists & ALL American Women are still in limbo waiting for the President to publish the Equal Rights Amendment.

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