Saudi Press

Saudi Arabia and the world
Saturday, Feb 22, 2025

Guns and abortion: Contradictory decisions, or consistent?

They are the most fiercely polarizing issues in American life: abortion and guns. And two momentous decisions by the Supreme Court in two days have done anything but resolve them, firing up debate about whether the court’s conservative justices are being faithful and consistent to history and the Constitution — or citing them to justify political preferences.
To some critics, the rulings represent an obvious, deeply damaging contradiction. How can the court justify restricting the ability of states to regulate guns while expanding the right of states to regulate abortion?

“The hypocrisy is raging, but the harm is endless,” House Speaker Nancy Pelosi said Friday after the court released its decision on abortion.

To supporters, the court’s conservatives are staying true to the country’s founding principles and undoing errors of the past.

The court corrected a historic wrong when it voided a right to abortion that has stood for nearly 50 years, former Vice President Mike Pence said Friday. On Twitter, he said the decision returned to Americans the power to “govern themselves at the state level in a manner consistent with their values and aspirations.”

Opponents of Roe v. Wade, the controversial 1973 ruling that upheld the right to abortion, say the Supreme Court back then did just what some accuse the majority justices of doing now, adapting and twisting legal arguments to fit political positions.

Members of the court’s current conservative majority, laying out their thinking in this week’s decisions, have been quite consistent, sticking to the words of the country’s founders and the precedents of history that reach back even further, those supporters say.

In both decisions, the majority makes the case that if a right is spelled out in the U.S. Constitution, the bar for any government regulation of that right is extremely high. But if a right is not explicit, state and federal governments have greater leeway to impose regulations.

To those who study the court, though, the reality is more complicated.

A number agree that, for all the controversy of the rulings, the majority justices at least followed a consistent legal theory in issuing the decisions on abortion and guns.

“I understand how it might look hypocritical, but from the perspective of the conservative majority on the court, it’s a consistent approach to both cases,” said Richard Albert, law professor at the University of Texas at Austin. “I’m not saying it’s correct, by the way, but from their perspective it is completely consistent and coherent.”

Consistency, though, cannot mask the fact that there has been a seismic shift on the court since President Donald Trump appointed three conservatives. And that is likely to further muddy public perceptions of an institution that prefers to see itself as being above politics, court watchers say.

Both decisions “come from the same court whose legitimacy is plummeting,” said Laurence Tribe, a leading scholar of Constitutional law and emeritus professor at the Harvard Law School.

The court majority’s decisions on gun rights and the ruling a day later on abortion both rely on a philosophy of constitutional interpretation called “originalism.” To assess what rights the Constitution confers, originalists hone in on what the texts meant when they were written.

Opinions by originalists are often laden with detailed surveys of history, as both these rulings are.

The bulk of Justice Clarence Thomas’ opinion on gun rights is devoted to history and what it says about the Founders’ intentions when they crafted the Second Amendment and when lawmakers crafted the 14th Amendment on due process in the 1860s. Thomas broached a long list of historical figures, including the English King Henry VIII, who the ruling says worried that the advent of handguns threatened his subjects’ proficiency with the longbow.

The abortion ruling authored by Justice Samuel Alito similarly delves deep into the past, concluding that there was nothing in the historical record supporting a constitutional right to obtain an abortion.

“Not only was there no support for such a constitutional right until shortly before Roe, but abortion had long been a crime in every single state,” Alito wrote.

This week’s two decisions are more legally consistent than critics suggest, said Jonathan Entin, a law professor emeritus at Case Western Reserve University in Cleveland.

“We can debate about the meaning of the Second Amendment, but the Second Amendment does explicitly talk about the right to keep and bear arms, whereas the right to abortion access is not explicitly in the Constitution,” he said. “If that’s where you are going to go, then maybe these decisions are not in such tension after all.”

Not all observers agree.

“I think there is a double standard going on here,” said Barry McDonald, a professor of law at Pepperdine University, reviewing the justices’ arguments that both decisions are grounded in a strict reading of the law and of history. That logic is shaky, he said, given the conclusion by many legal historians that the right to bear arms in the Bill of Rights is, in fact, much narrower than the court majority insists.

Most ordinary Americans, though, will be unfamiliar with such intricate legal theory. Instead, many will size up the court’s actions based on their perceptions of the justices’ motives and the personal implications of the decisions, experts said.

Many are likely to view the rulings as the direct result of Trump’s appointments and the justices’ determination to carry out his agenda, making the court “more of an institution of politics than it is of law,” McDonald said.

Tribe said the court’s majority has embraced an imaginary past and its claims that is only upholding the law are false. The majority justices can assert that they have been legally consistent. But taken together, he said, the decisions on guns and abortion create a whiplash effect from a court that claims to be protecting individual rights, then effectively limited many Americans’ control over their own bodies.

“I think the decisions point in radically different directions,” Tribe said, “but the one thing they have in common is they are decided by a new, emboldened majority that knows no limits on its own power and is perfectly willing to toss over precedent in the name of a version of originalism that really doesn’t hold together.”
Newsletter

Related Articles

Saudi Press
0:00
0:00
Close
Saudi Arabia and the United States Strengthen Ties Amid Global Developments
Saudi Arabia Hosts Global Conference to Promote Islamic Unity
The Impact of Artificial Intelligence on Education and Child Development
Saudi Arabia Announces Competition for Best Founding Day Outfits
Saudi-EU Food Security Officials Hold Talks to Strengthen Collaboration
Putin Expresses Gratitude to Saudi Crown Prince for Hosting US-Russia Talks
UK and Saudi Arabia Enhance Collaboration in Innovation and Technology
Denmark's Embassy in Riyadh Showcases Danish Cuisine with Saudi Influence
Saudi Artist Salman Al-Amir Unveils 'Tafawut' Exhibition in Riyadh
Saudi Arabia Offers Condolences to Kuwait Following Military Exercise Fatalities
Saudi Ministry of Islamic Affairs Completes Ramadan Preparations in Madinah
Etidal Secretary-General Hosts UN Counter-Terrorism Director in Riyadh
ADNOC Drilling Targets Over $1 Billion in Investments for 2025 Amid Gulf Expansion Plans
Derayah Financial Achieves Remarkable Growth in Saudi Brokerage and Asset Management
Saudi Arabia Shortlists 30 Firms for Mining Licenses in Eastern Province and Tabuk
Saudi Foreign Minister Engages Counterparts at G20 Meeting in Johannesburg
Oil Prices Decline Amid Rising US Inventories
Saudi Arabia's NDMC Plans Green Bond Issuance by 2025
Moody’s Affirms Egypt’s Caa1 Rating Amid Positive Economic Outlook
Oman and Saudi Arabia Strengthen Economic Ties with New Agreements
Saudi Arabia Investments Propel Expansion of Qurayyah Power Plant
Saudi Capital Market Authority Advances SPACs and Direct Listings
Global Energy Leaders Gather in Riyadh for Symposium on Energy Outlooks
Al-Ahsa Region Sees 500% Growth in Tourism as Saudi Arabia Prioritizes Development
Saudi Arabia Advances Entrepreneurial Ecosystem in Al-Ahsa with New Agreement
King Salman Approves Official Saudi Riyal Symbol
Saudi Credit Card Lending Reaches $8.4 Billion Amid Digital Payment Expansion
King Salman Approves Official Symbol for Saudi Riyal
Putin Thanks Saudi Crown Prince for Facilitating U.S.-Russia Discussions
Saudi Foreign Minister Attends G20 Meeting in Johannesburg
Saudi Arabia Prepares for Nationwide Founding Day Celebrations
Inauguration of Hira Park and Walkway Enhances Jeddah's Urban Landscape
Crown Prince Hosts Leaders for Informal Meeting in Riyadh Amid Gaza Rebuilding Plans
Saudi Official Highlights Achievements and Media's Role in National Transformation
Three Expatriate Women Arrested for Prostitution in Riyadh
Saudi Arabia's Diplomatic Evolution Highlighted at Saudi Media Forum
Healthy Eating and Preparation Essential for Ramadan Fasting
Saudi Arabia and Japan Forge Sustainable Textile Partnership
Advanced Limb Surgery Restores Mobility in Pediatric Cancer Patient
Jeddah Event Explores AI's Role in Boosting Saudi Arabia's SME Sector
UN Representative Highlights AI's Role in Perpetuating Gender Stereotypes
Saudi and Jordanian Leaders Discuss Enhanced Security Cooperation in Amman
Saudi British Society Honors Cultural Bridge-Builders at London Gala
Saudi Media Forum 2025 Explores AI's Role in Modern Journalism
Saudi Arabia's Saqer Al-Moqbel Appointed as WTO General Council President for 2025–2026
Saudi Deputy Ministers Engage in Diplomatic Discussions with U.S. and Dutch Officials in Riyadh
Saudi Arabia to Launch Iftar Program in 61 Countries During Ramadan
Saudi Visitors Expected to Spend £942 Million in UK During 2025
Saudi Arabia Gifts Kaaba's Kiswah to Uzbekistan's Center of Islamic Civilization
Digital Cooperation Organization Concludes Fourth General Assembly with Multiple Agreements
×