{"id":1072870,"date":"2021-12-01T13:59:29","date_gmt":"2021-12-01T18:59:29","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1072870"},"modified":"2021-12-01T13:59:33","modified_gmt":"2021-12-01T18:59:33","slug":"justice-kavanaugh-at-abortion-case-arguments-why-should-this-court-be-the-arbiter-rather-than-congress-states-the-people","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/justice-kavanaugh-at-abortion-case-arguments-why-should-this-court-be-the-arbiter-rather-than-congress-states-the-people\/","title":{"rendered":"Justice Kavanaugh At Abortion Case Arguments: \u2018Why Should This Court Be The Arbiter\u2019 Rather Than Congress, States, \u2018The People\u2019"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">38<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fjustice-kavanaugh-at-abortion-case-arguments-why-should-this-court-be-the-arbiter-rather-than-congress-states-the-people%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1072870&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p class=\"p1\">Justice Brett Kavanaugh questioned U.S. Solicitor General Elizabeth Prelogar during arguments concerning the Mississippi abortion case at the Supreme Court on Wednesday.&nbsp;<\/p>\n<p class=\"p1\">&nbsp;Kavanaugh made the point about why abortion is such a contentious issue in the country, and asked what Prelogar\u2019s response would be to the state\u2019s arguments that the states and the citizens should decide for themselves what their abortion laws should be.&nbsp;<\/p>\n<p class=\"p1\">Kavanaugh <a href=\"https:\/\/www.youtube.com\/watch?v=MRe4mYcEqBM&amp;ab_channel=C-SPAN\">stated<\/a>, \u201cThe other side says, though, that there are two interests at stake. That there\u2019s also the interest in fetal life at stake, as well. And in your brief, you say that the existing framework accommodates \u2014 that\u2019s your word \u2014 both the interest of the pregnant woman and the interest of the fetus.&nbsp;<\/p>\n<p class=\"p1\">\u201cAnd the problem, I think the other side would say, and the reason this issue\u2019s hard, is that you can\u2019t accommodate both interests. You have to pick. That\u2019s the fundamental problem.&nbsp;<\/p>\n<p class=\"p1\">\u201cOne interest has to prevail over the other at any given point in time. That\u2019s why this is so challenging, I think. And the question then becomes what does the constitution say about that,\u201d he said, asking what her reaction is to the other side\u2019s theme.&nbsp;<\/p>\n<p class=\"p1\">He asked, \u201cWhen you have those two interests at stake, and both are important, as you acknowledge\u2026why should this court be the arbiter rather than Congress, the state legislatures, state supreme courts, the people, being able to resolve this?<\/p>\n<p class=\"p1\">\u201cAnd there\u2019ll be different answers in Mississippi and New York, different answers in Alabama than California, because there are two different interests at stake and the people in those states might value those interests somewhat differently. Why is that not the right answer?\u201d<\/p>\n<p class=\"p1\">Prelogar answered, \u201cJustice Kavanaugh, it\u2019s not the right answer because the court correctly recognized that this is a fundamental right of women and the nature of fundamental rights is that it\u2019s not left up to state legislatures to decide whether to honor them or not.\u201d<\/p>\n<p class=\"p1\">As additionally <a href=\"https:\/\/www.nytimes.com\/live\/2021\/12\/01\/us\/abortion-mississippi-supreme-court\">reported<\/a> by The New York Times:&nbsp;<\/p>\n<p class=\"p1\">Justice Kavanaugh says Prelogar has made a forceful argument but says the other side would argue is that there are two lives at stake that have their own interests \u2013 that of the woman and that of the fetus. This is hard because you have to pick one or the other. Why should the Supreme Court be the arbiter rather than Congress and state legislatures and the people, with different answers in Mississippi and Alabama than New York and California? Prelogar says that\u2019s not the right answer because the Supreme Court correctly recognized that this a fundamental right of women, and governments cannot violate fundamental rights.<\/p>\n<p class=\"p1\">The Supreme Court has been hearing arguments that could dramatically change the landscape of abortion in the country.&nbsp;<\/p>\n<p class=\"p1\">The case,&nbsp;Dobbs v. Jackson Women\u2019s Health Organization,&nbsp;concerns a 2018 law in Mississippi that bans most abortions after 15 weeks of pregnancy. As the law stands now,&nbsp;Roe v. Wade&nbsp;and the decisions that came after it hold that states have to allow a woman to be able to get an abortion up to the point of viability, or when the baby can survive on its own outside the womb. Most states hold this mark at around 20 to 24 weeks, so the Mississippi law is a direct violation.&nbsp;<\/p>\n<p class=\"p1\">Mississippi said in its original petition that the questions presented to the Court do not require them to overturn Roe&nbsp;or&nbsp;Planned Parenthood v.&nbsp;Casey.&nbsp;In its brief in July, however, the state&nbsp;<a href=\"https:\/\/www.supremecourt.gov\/DocketPDF\/19\/19-1392\/184703\/20210722161332385_19-1392BriefForPetitioners.pdf\">wrote<\/a>, \u201cRoe and Casey are egregiously wrong\u201d and said the court should overrule those decisions.<\/p>\n<p class=\"p1\">Many are asking why this case, in particular, is so important and being watched so closely. It has to do with the Supreme Court and the question they plan to consider.&nbsp;<\/p>\n<p class=\"p1\">When the Supreme Court agreed to hear the Mississippi case, it said it would consider the&nbsp;<a href=\"https:\/\/www.supremecourt.gov\/qp\/19-01392qp.pdf\">question<\/a>&nbsp;of \u201cWhether all pre-viability prohibitions on elective abortions are unconstitutional,\u201d meaning that with this decision, they could rule that states can make their own laws regarding abortion again \u2014 even possibly banning it up to the point of conception. The high court could give power back to the states to restrict abortion like they were able to do prior to the 1973&nbsp;Roe v. Wade&nbsp;ruling.<\/p>\n<p class=\"p1\">There are currently at least 21&nbsp;<a href=\"https:\/\/www.guttmacher.org\/article\/2021\/10\/26-states-are-certain-or-likely-ban-abortion-without-roe-heres-which-ones-and-why\">states<\/a>&nbsp;that have pro-life laws or constitutional amendments that would make almost all abortions in their states illegal if&nbsp;Roe&nbsp;is overturned.&nbsp;<\/p>\n<p class=\"p1\">There are an additional five states that would probably prohibit abortion as soon as they could. According to the Guttmacher Institute, these states include Florida, Indiana, Montana, Nebraska, and Wyoming.&nbsp;<\/p>\n<p class=\"p1\">This is considered to be the most conservative Supreme Court in decades and their decision will likely be announced next summer.&nbsp;<\/p>\n<p class=\"p1\">The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a <a href=\"https:\/\/www.dailywire.com\/subscribe\">member<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Justice Brett Kavanaugh questioned U.S. Solicitor General Elizabeth Prelogar during arguments concerning the Mississippi abortion case at the Supreme Court on Wednesday.\u00a0\u00a0Kavanaugh made the point about why abortion is such a contentious issue in the country, and asked what Prelogar\u2019s response would be to the state\u2019s arguments that the states and the citizens should decide for themselves what their abortion laws should be.\u00a0Kavanaugh stated, \u201cThe other side says, though, that there are two interests at stake. That there\u2019s also the interest in fetal life at stake, as well. And in your brief, you say that the existing framework accommodates \u2014 that\u2019s your word \u2014 both the interest of the pregnant woman and the interest of the fetus.\u00a0\u201cAnd the problem, I think the other side would say, and the reason this issue\u2019s hard, is that you can\u2019t accommodate both interests. You have to pick. That\u2019s the fundamental problem.\u00a0\u201cOne interest has to prevail over the other at any given point in time. That\u2019s why this is so challenging, I think. And the question then becomes what does the constitution say about that,\u201d he said, asking what her reaction is to the other side\u2019s theme.\u00a0He asked, \u201cWhen you have those two interests at stake, and both are important, as you acknowledge\u2026why should this court be the arbiter rather than Congress, the state legislatures, state supreme courts, the people, being able to resolve this?\u201cAnd there\u2019ll be different answers in Mississippi and New York, different answers in Alabama than California, because there are two different interests at stake and the people in those states might value those interests somewhat differently. Why is that not the right answer?\u201dPrelogar answered, \u201cJustice Kavanaugh, it\u2019s not the right answer because the court correctly recognized that this is a fundamental right of women and the nature of fundamental rights is that it\u2019s not left up to state legislatures to decide whether to honor them or not.\u201dAs additionally reported by The New York Times:\u00a0Justice Kavanaugh says Prelogar has made a forceful argument but says the other side would argue is that there are two lives at stake that have their own interests \u2013 that of the woman and that of the fetus. This is hard because you have to pick one or the other. Why should the Supreme Court be the arbiter rather than Congress and state legislatures and the people, with different answers in Mississippi and Alabama than New York and California? Prelogar says that\u2019s not the right answer because the Supreme Court correctly recognized that this a fundamental right of women, and governments cannot violate fundamental rights.The Supreme Court has been hearing arguments that could dramatically change the landscape of abortion in the country.\u00a0The case,\u00a0Dobbs v. Jackson Women\u2019s Health Organization,\u00a0concerns a 2018 law in Mississippi that bans most abortions after 15 weeks of pregnancy. As the law stands now,\u00a0Roe v. Wade\u00a0and the decisions that came after it hold that states have to allow a woman to be able to get an abortion up to the point of viability, or when the baby can survive on its own outside the womb. Most states hold this mark at around 20 to 24 weeks, so the Mississippi law is a direct violation.\u00a0Mississippi said in its original petition that the questions presented to the Court do not require them to overturn Roe\u00a0or\u00a0Planned Parenthood v.\u00a0Casey.\u00a0In its brief in July, however, the state\u00a0wrote, \u201cRoe and Casey are egregiously wrong\u201d and said the court should overrule those decisions.Many are asking why this case, in particular, is so important and being watched so closely. It has to do with the Supreme Court and the question they plan to consider.\u00a0When the Supreme Court agreed to hear the Mississippi case, it said it would consider the\u00a0question\u00a0of \u201cWhether all pre-viability prohibitions on elective abortions are unconstitutional,\u201d meaning that with this decision, they could rule that states can make their own laws regarding abortion again \u2014 even possibly banning it up to the point of conception. The high court could give power back to the states to restrict abortion like they were able to do prior to the 1973\u00a0Roe v. Wade\u00a0ruling.There are currently at least 21\u00a0states\u00a0that have pro-life laws or constitutional amendments that would make almost all abortions in their states illegal if\u00a0Roe\u00a0is overturned.\u00a0There are an additional five states that would probably prohibit abortion as soon as they could. According to the Guttmacher Institute, these states include Florida, Indiana, Montana, Nebraska, and Wyoming.\u00a0This is considered to be the most conservative Supreme Court in decades and their decision will likely be announced next summer.\u00a0The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a member.<\/p>\n","protected":false},"author":95,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1072870","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1072870","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/95"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1072870"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1072870\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1072870"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1072870"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1072870"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}