Controversial connections between Roe and gun violence

The two topics that are on the mind of almost every American everywhere: gun violence and the overturning of Roe v Wade

Back in 2008, the US Supreme Court ruled that the Second Amendment protects the individual right to possess guns. However, four months after this decision, it was under assault. It was stated that Justice Scalia’s majority opinion in District of Columbia v Heller was poorly reasoned — being fueled by politics instead of principle. People said that this ruling was simply just a right-wing version of the 1973 decision in Roe v Wade. For those unfamiliar, the decision in Roe v Wade identified a constitutional right to abortion as well as the precedent of the right to privacy. 

The main comparison that is made between these two cases is that both of these courts are guilty of the same sins. Heller failed in allowing the political process to do its job; which was the biggest mistake the Supreme Court made during this trial. Not all conservatives agree with these critics, however. For example, Robert Levy, a libertarian lawyer, rejected the comparison between Heller and Roe

The second amendment says, “a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” More liberal justices have made claims that the amendment only protects the right to state militias, thus allowing gun control laws such as universal background checks. However, both sides of the court argued back and forth to the point where the quality of their combat was extremely low. 

In both Roe and Heller, the court somehow found in the Constitution the authority to overrule the wishes of the representatives and the people they constitute. In both of these cases, constitutional text did not directly lead to the result, but instead led to an interpretation of the Constitution.

But why does this matter? This is an extremely valid question as the debate between these two cases happened over a decade ago. So, let me explain. Since the Roe v Wade opinion was leaked, American citizens all over the nation have been enraged. There have been protests after protests. And since the elementary school shooting in Uvalde, Texas on May 24th, 2022, there have been 19 mass shootings. Our country has yet to find a way to control these situations — a way to compromise. 

If only guns were as regulated as my uterus.

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