Protests Are Not The Answer to the Court Decision

Subject: Protests Are Not The Answer to the Court Decision
From: David R. Krumholz
Date: 27 Jun 2022

It might be worthwhile to consider from whom this opinion comes. I find it easier and more comfortable to describe what I am not. I am not a woman, not a lawyer, not a republican, not a democrat, not religious, not poor, not a member of a protected class, and not someone under the age of 70.

I was surprised with the court decision but as a believer in the strength of our governmental experiment I thought it important to read the decision including importantly, the dissents. I admit to not having yet completed the reading and investigation it requires.

The decision and its dissents are to some degree both correct. The reconciliation of those seeming opposing viewpoints should and can be reconciled.

Rather than protesting the result, I would recommend a more sweeping and fundamental correction. Amendment XXVIII which I propose, to simply read “The right of the people to bodily integrity shall not be infringed.”

Understand that this does not make abortion legal in all cases. It does not remove the issues from the court where they will always ultimately arrive. What it does is more satisfactorily balance the competing concerns.

The justices would need to correct their analysis to use strict scrutiny and the dissents would have strength to their argument of the not now literal right of bodily autonomy.