Stupidity Is Abundant..

The Stupidity Of Originalist Thinking In Our Courts…

The court ruling on gun rights for domestic abusers is an example of the insanity of judges using constitutional original intent as a basis of their rulings.

Dred Scott was the first major originalist ruling, claiming to find its defense of slavery and its assertion that even free Black people could not be citizens in the original intent of the founders. It was finally overturned years later.

Once again the ridiculousness of this judicial philosophy was made clearly apparent when the Supreme Court overturned Roe vs Wade, allowing individual states to pass a variety of their own confusing laws regarding abortion and a woman’s right to make decisions regarding her choice to carry a child.

Abortions for white women weren’t rare in 1776, however, throughout the colonial period and during the early years of the republic, the abortion situation for slave women was different than for other women. Slaves were subject to the rules of their owners, and the owners refused to allow their slaves to terminate pregnancies. The owners wanted their slaves to produce as many children as possible since these children belonged to the slave owners.

With the Texas court’s recent decision ultimately relying on the same type of originalist theory, we now have another dangerous miscarriage of justice thrust upon abused American citizens.

Justice Thomas’ (and other conservative justices) type of originalist test leads to heinous results given that the “ancestors” in question were often violently racist and misogynistic white men. As the 5th Circuit tacitly acknowledged, “our ancestors” would “never have accepted” disarming domestic abusers because they did not believe domestic violence was a crime.

Two hundred and fifty years ago things were a lot different. They also did not believe slavery was immoral or that anyone except white males had a right to vote…

Seems like the conservatives of today are now holding us hostage to their backassward beliefs.

The distance past shouldn’t be used as a way to justify contemporary legal issues. What in the hell are these jurists thinking. I believe they should be held accountable and liable for any deaths resulting from abortion denials and abusers using their now legal guns.