Disclaimer: I’m not a legal expert, not trained in law, and the issue of abortion rights is far more complicated than this one posting.
The Supreme Court of the United States is about to rule – if they haven’t already – on whether the Federal Government or the individual States have the right to define when a woman can terminate the life of their unborn fetus. Currently, the 1973 Supreme Court decision in Roe v. Wade gives this right to the Federal Government, with Federal law(s) applying to all 50 States.
And, thanks to someone who leaked a draft of the Supreme Court’s upcoming decision, that 1973 decision might be overturned.
As the Supreme Court decision could be one of the most important of the past 100 years, and for decades to come, I thought it would be nice to have a little review, starting right from the top: The Declaration of Independence.
United States Declaration of Independence
“We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the pursuit of Happiness.”
United States Constitution, 10th Amendment
The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States,
are reserved to the States respectively,
or to The People.
Senator Joe Biden
“I don’t like the Supreme Court decision on abortion. I think it went too far.
I don’t think that a woman has the sole right to say what should happen to her body.”
Then-Senator Joe Biden, June 1, 1974, interview with Washingtonian Magazine’s Kitty Kelley.
State of Mississippi, United States of America
House Bill No. 1510, 2018
“The United States is one (1) of only seven (7) nations in the world that permits nontherapeutic or elective abortion-on-demand after the twentieth week of gestation. In fact, fully seventy-five percent (75%) of all nations do not permit abortion after twelve (12) weeks’ gestation, except (in most instances) to save the life and to preserve the physical health of the mother.”
“Except in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being has been determined to be greater than fifteen (15) weeks.”
Supreme Court of the United States
“I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in
populations that we don’t want to have too many of.”
Supreme Court Justice Ruth Bader Ginsburg,
New York Times Interview, July 11, 2009
Supreme Court of the United States
Dobbs v. Jackson Women’s Health
Docket Number: 19-1392
The question presented before the Supreme Court:
Are all pre-viability prohibitions on elective abortions unconstitutional?
To read a Legal discussion of this case, by Cornell Law School’s Legal Information Institute, Click Here.
To listen to the oral arguments presented to the United States Supreme Court or read the transcript of the arguments, Click Here.
The Supreme Court Draft Opinion is Leaked to the Public
Alleged preliminary draft of the Supreme Court decision to overturn Roe v. Wade
(Click here to read the leaked document)
In the 1973 Supreme Court case Roe v. Wade nine Justices ruled that only the Federal Government, and not the individual 50 states, had the right to pass laws regarding when terminating the life a fetus is legally allowed.
The Apparent Hypocrisy of the Liberals
For decades Liberal women and their supporters have used catchy slogans such as “My Body, My Choice!”, “It’s Pro-Choice or No Choice”, etc., and arguments such as “Pro-Life is ‘I know what’s best for you.‘, Pro-choice is ‘you know what’s best for you.‘”, all of which imply individual responsibility.
It was the individual woman who chose to have intimate relations, chose when to have it, chose with whom to have them with, chose the conditions for having it, chose to not use (or use) birth control, chose to risk contracting an infection from intimacy, chose to take the risk of (or intentionally) becoming pregnant, and then upon becoming pregnant wants to choose to end a life of the fetus they carry so that all those prior choices can be made once again.
In most, if not all, of the 50 states a legal abortion can be performed if the pregnancy occurred from non-consensual sex or by a family member, there is an immediate health risk to the mother, or if the fetus is medically deemed abnormal: Situations where “choice” was denied to the individual woman.
And, where many Democrats and Leftists claim America is a “Democracy” – a system of government where every single person gets to vote on every single issue every single time – to demand only 9 Supreme Court Justices and 535 Members of Congress decide for a total of 213,768,003 registered voters is hardly “Democratic”, whether or not it’s actually constitutional.
It would be far more “Democratic” to have the 7,832 legislators, over 30,000 judges, and 213,768,003 registered voters of the 50 Individual States decide.
And, as the Supreme Court will announce shortly if not already, far more constitutional.
Thanks for Reading!