Scott Tibbs



Two bad principles, and bad behavior

By Scott Tibbs, July 11, 2022

In the aftermath of Roe v. Wade being overturned, we are seeing two really bad principles used to defend the decision and some terrible behavior by pro-abortion activists. One is that precedent (Stare Decisis) should be upheld, and the other is that we should not legislate morality. But the behavior is much worse.

Legislating Morality

Actually, now that I think about it, I agree that we should not legislate morality. This means we need to get rid of all planning and zoning, labor laws, restrictions on guns, environmental laws, the minimum wage, speed limits and welfare programs. The government has no business imposing morality on the everyone with these oppressive laws and we should allow people to live their lives without moralistic Pharisees controlling us.

Wait, that is not what you meant?

All laws legislate morality. Every single law I mentioned above has a moral component to it, especially the minimum wage and government welfare programs. The question is not, never has been and never will be whether or not we legislate morality. The question is which morality we will enforce by law. What is the rational basis for imposing this or that morality, and how does it override the liberty of people affected by the law? "We should not legislate morality" is a simplistic catch phrase that no one actually believes.

Stare Decisis

We keep hearing about how Dobbs v. Jackson violates stare decisis, the doctrine that precedent should guide current decisions. The obsession with stare decisis establishes our nation as a judicial oligarchy instead of as a constitutional republic. If a decision is wrong on the law, then it should be overturned no matter what previous courts have ruled. If we blindly held to stare decisis, Dred Scott would still stand and Black people could never be U.S. citizens. It is a morally rancid legal doctrine, and it shows disrespect for the rule of law.

Harassing people who care for women

As expected, overturning Roe v. Wade has led to nationwide protests, but the protest in Bloomington ran past any principles of civility and decency when "pro-choice" activists mobbed the Women's Care Center. They waited until WCC closed to surround and harass center staff, and police had to be called to restore order and protect the staff.

This is simply unacceptable. We have heard people say "if you do not like abortion, do not have one" for fifty years. But the hypocrites who mobbed the Women's Care Center refused to follow that principle: If you do not like a center that provides care, supplies and diapers to women in need, do not go there. They are literally right next door to Planned Parenthood, so no one is being denied a choice by the existence of the center. There is nothing wrong with offering an alternative.

By mobbing a non-profit that cares for women who need help, these protesters proved they are not interested in women's health or women's rights. They care only about a pro-abortion political agenda. It is the pro-abortion mob that is trying to steal choice from women. This is exactly the opposite of being pro-choice, and every official in city and county government should denounce this behavior and stand with the staff and volunteers trying to care for women.



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