Democracy Denied: Oklahomans Won't Get to Vote on Personhood Amendment
On Monday the Supreme Court refused to hear an appeal from the Oklahoma Supreme Court blocking a personhood ballot initiative that would have declared that life begins at conception. The court blocked the initiative because it is "repugnant to the Constitution of the United States."
Well, actually, not the Constitution as such, but the Court's venerable 1992 decision in Planned Parenthood v. Casey. “The measure is clearly unconstitutional pursuant to Planned Parenthood v. Casey," said the Court. "The states are duty bound to follow its interpretation of the law." But actually, neither Casey nor its direct precedent, Roe v Wade, purports to "resolve the difficult question of when life begins," as the Roe majority put it.
So there, my friends, you have the perfect storm of judicial activism. The Supreme Court refuses to address the threshold question of when life begins, and the People are barred from addressing the issue themselves via the political process. The more one thinks about Roe and Casey, the more they look like Dred Scott.