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Tags: roe v wade | abortion | supreme court | alito | case

Judge Napolitano to Newsmax: Dems Missed Chance to Override SCOTUS Ruling on Roe

(Newsmax/''Eric Bolling The Balance'')

By    |   Friday, 24 June 2022 09:20 PM EDT

Andrew Napolitano, a TV personality and former justice with the New Jersey Supreme Court, told Newsmax on Friday that the Democratic Party missed the proverbial boat in crafting legislation that might supersede Friday's ruling from the Supreme Court, which overturned Roe v. Wade (a 5-4 decision) and upheld Dobbs v. Jackson Women's Health Organization (a 6-3 decision).

As a result, the Democrats must come to grips with how the 50 American states — and not the federal government — now control the fate of abortion in this nation.

"After today, neither the Congress nor the federal courts have any authority whatsoever on [changing] abortion," Napolitano said on "Eric Bolling The Balance." 

From Napolitano's perspective, President Joe Biden was wrong to say that the overturning of Roe v. Wade took away a "fundamental constitutional right" to abortion in this country. 

"There's a constitutional right to 'privacy' and the 'decision to have an abortion'"  Napolitano explained. "But both [Roe v. Wade] and [Planned Parenthood v. Casey] were very clear: There's not a constitutional right to an abortion; and it's not in the Constitution."

Napolitano said that House Speaker Nancy Pelosi, D-Calif., no longer has the power to enact any federal law pertaining to abortion rights.

Biden and Pelosi ''can't ... and if they had read Justice [Samuel] Alito's [leaked majority draft] opinion, they'd know it," Napolitano said. "It's strictly up to the 50 states." 

Napolitano suggested the Democrats made a grave tactical error before Friday's landmark ruling: They had 49 years to craft legislation that would codify abortion on some level, but chose not to do it.

"[Chief Justice John] Roberts was probably hoping Roe v. Wade would be upheld, but he lost on that ... thanks to the Donald Trump appointees to the Supreme Court," said Napolitano, referring to the additions of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett during the Trump administration  (2017-21).

"Without them, [Friday's ruling] would not have occurred."

Technically, the overturning of Roe v. Wade had a 5-4 vote, but Napolitano likens it more to a 5-3-1 decision, since Chief Justice Roberts didn't formally file an opinion siding with the majority.

"I think [Chief Roberts] is torn here. His concurrence makes very little sense," Napolitano said.

"Some of our [media] colleagues are referring to this as a '6-3 decision,' since it struck down Roe v. Wade. But it's really not. It's somewhere in the middle, and [Roberts] is trying to have it both ways."

Napolitano added, "It's almost unheard of" to have a de facto 5-3-1 decision in the Supreme Court, "and that one is the chief."

Either way, the states will now have the final say regarding abortion.

"The whole point of Justice Alito's opinion — which is brilliant and gifted and consistent with the Constitution — is that abortion is a criminal matter. It's a matter for the states," Napolitano said.

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Andrew Napolitano, a TV personality and former justice with the New Jersey Supreme Court, told Newsmax on Friday that the Democratic Party missed the proverbial boat in crafting legislation that might supersede Friday's ruling from the Supreme Court, which overturned Roe ,,,
roe v wade, abortion, supreme court, alito, case
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2022-20-24
Friday, 24 June 2022 09:20 PM
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