Justice Kavanaugh clearly wants to leave abortion rights up to the states so they can make their own decisions. There are several arguments against such a theory and one need only ask a MAGA about their thoughts on the 2nd Amendment to hear them.

The people who wrote our Constitution had a lot of concerns, but one of the biggest was that in a few certain situations, they did not want a citizen’s “freedoms” subject to what they called “the tyranny of the majority.” Indeed, that’s a big part of why our federal justices have life tenure. They don’t need to worry about being “voted out” for making decisions that the majority doesn’t like.

Take the 4th Amendment as an example. The Founders didn’t want a state to be able to vote and decide, “We’re not the criminals, why should we care about unreasonable searches? We’re making a law saying the police can search whatever they want!” The Founders would call such a situation “the tyranny of the majority.” They wanted everyone’s rights protected.

You get the idea.

Such “freedoms” were the basis of Roe v. Wade. A woman’s right to choose what she does with her body is so private as to be protected from the “tyranny of the majority” and thus it became a constitutional right.

In the normal order of things, that would be it, the issue has been decided, precedent and stare decisis Latin for “the thing has been decided.” And the SCOTUS doesn’t reverse itself, except in extraordinary circumstances, “separate but equal” being one.

But Justice Kavanaugh wants the issue left up to the states, meaning he doesn’t think the Constitution applies to a woman’s right to choose and that each individual state would represent the local values far better, so much so that precedent shouldn’t apply.

Except Kavanaugh’s never run into Trevor Noah, who took that argument and burned it beyond recognition, by pointing out that certain states have certain areas that are red or blue, so do it by county. But then there are certain counties that have red cities and blue cities, so maybe do it by… you see where this goes, he just does it ten times better:

Kavanaugh thinks abortion rights should be left up to the states. Let’s take that argument a few steps further… pic.twitter.com/VbMGASbB1o

— The Daily Show (@TheDailyShow) December 2, 2021

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