PanamaTimes

Thursday, Sep 18, 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

PanamaTimes
0:00
0:00
Close
US Launches New Pilot Program to Accelerate eVTOL Air Taxi Deployment
New OpenAI Study Finds Majority of ChatGPT Use Is Personal, Not Professional
Actor, director, environmentalist Robert Redford dies at 89
Florida Hospital Welcomes Its Largest-Ever Baby: Annan, Nearly Fourteen Pounds at Birth
Could AI Nursing Robots Help Healthcare Staffing Shortages?
In a politically motivated trial: Bolsonaro Sentenced to 27 Years for Plotting Coup After 2022 Defeat
In a highly politically motivated trial, Brazil’s Supreme Court finds former leader Bolsonaro guilty of plotting coup
Brazilian police say ex-President Bolsonaro had planned to flee to Argentina seeking asylum
Apple Introduces Ultra-Thin iPhone Air, Enhanced 17 Series and New Health-Focused Wearables
Nayib Bukele Points Out Belgian Hypocrisy as Brussels Considers Sending Army into the Streets
Brazil Braces for Fallout from Bolsonaro Trial by corrupted judge
Escalating Drug Trafficking and Violence in Latin America: A Growing Crisis
Uruguay, Colombia and Paraguay Secure Places at 2026 World Cup
The White House on LinkedIn Has Changed Their Profile Picture to Donald Trump
Trump Responds to Death Rumors – Announces 'Missile City'
Argentine President Javier Milei Evacuated After Stones Thrown During Campaign Event
Category 5 Hurricane in the Caribbean: 'Catastrophic Storm' with Winds of 255 km/h
Air Canada Begins Flight Cancellations Ahead of Flight Attendant Lockout
Southwest Airlines Apologizes After 'Accidentally Forgetting' Two Blind Passengers at New Orleans Airport and Faces Criticism Over Poor Service for Passengers with Disabilities
Mexico Extradites 26 Cartel Figures to the United States in Coordinated Security Operation
Asia-Pacific dominates world’s busiest flight routes, with South Korea’s Jeju–Seoul corridor leading global rankings
Spain Scraps F-35 Jet Deal as Trump Pushes for More NATO Spending
Trump Administration Increases Reward for Arrest of Venezuelan President Maduro to Fifty Million Dollars
All Five Trapped Miners Found Dead After El Teniente Mine Collapse
Nationwide Protests Erupt in Brazil Demanding Presidential Resignation
Mystery Surrounds Death of Brazilian Woman with iPhones Glued to Her Body
Absolutely 100% Realistic EVO Series Doll by EXDOLL (Chinese Company) used mainly for carnal purposes
Former Judge Charged After Drunk Driving Crash Kills Comedian in Brazil
Trump Steamrolls EU in Landmark Trade Win: US–EU Trade Deal Imposes 15% Tariff on European Imports
California Clinic Staff Charged for Interfering with ICE Arrest
Politics is a good business: Barack Obama’s Reported Net Worth Growth, 1990–2025
US Revokes Visas of Brazilian Corrupted Judges Amid Fake Bolsonaro Investigation
Brazil's Supreme Court Imposes Radical Restrictions on Former President Bolsonaro
Judge Criticizes DOJ Over Secrecy in Dropping Charges Against Gang Leader
Biden’s Doctor Pleads the Fifth to Avoid Self-Incrimination on President’s Medical Fitness
US Imposes New Tariffs on Brazilian Exports Amid Political Tensions
U.S. Enacts Sweeping Tax and Spending Legislation Amid Trade Policy Shifts
AI Raises Alarms Over Long-Term Job Security
House Oversight Committee Subpoenas Former Jill Biden Aide Amid Investigation into Alleged Concealment of President Biden's Cognitive Health
OpenAI Secures Multimillion-Dollar AI Contracts with Pentagon, India, and Grab
Brazilian Congress Rejects Lula's Proposed Tax Increase on Financial Transactions
Landslide in Bello, Colombia, Results in Multiple Casualties
Papa Johns pizza surge near the Pentagon tipped off social media before Trump's decisive Iran strike
Juncker Criticizes EU Inaction on Trump Tariffs
Minnesota Lawmaker Melissa Hortman and Husband Killed in Targeted Attack; Senator John Hoffman and Wife Injured
Wreck of $17 Billion San José Galleon Identified Off Colombia After 300 Years
Sole Survivor of Air India Crash Recounts Escape
Coinbase CEO Warns Bitcoin Could Supplant US Dollar Amid Mounting National Debt
UK and EU Reach Agreement on Gibraltar's Schengen Integration
Israeli Finance Minister Imposes Banking Penalties on Palestinians
×