In the last few months, many states have been enacting laws regarding abortion which have differed markedly one from another. Oregon just passed a measure that grants free abortions to all, including illegal aliens. Alabama restricted abortions so that with few exceptions, none could be performed after 6 weeks of pregnancy. Georgia passed a so-called "heartbeat" measure that bans abortion after a fetal heartbeat can be detected. Louisiana's legislature has also passed a heartbeat measure and the governor just announced he will sign it. New York passed a measure that allows abortion right up to delivery and even allows children born after a failed abortion to be left to die.
For the most part, these laws are separated by party but not always. Louisiana's governor is a Democrat, but he is signing a heartbeat measure. In many respects, these laws are more reflections of the views of the people within a state rather than just party positions.
This is how our federal system was meant to work. The Constitution does not actually say anything about abortion aside from protecting each person's life. That could limit laws that permit abortions after a baby is viable, but it says nothing about what can be decided prior to that point. Roe v. Wade was wrongly decided in 1973 when it made abortion into a constitutional right. A state can certainly make abortion legal up to the point where the infant is viable, but it can also prohibit it.
Don't get me wrong. I am not advocating in this post for any particular outcome when it comes to state abortion laws. I have my own views on that subject, but I can express those at another time. I'm just saying that as a matter of constitutional law, the correct position is that after a baby is viable, that baby's right to life cannot be abridged except in particular situations like when the life of the mother is at stake. Prior to that point, states can do what they want. Of course, until the Supreme Court overrules Roe, that won't be the law.
For the most part, these laws are separated by party but not always. Louisiana's governor is a Democrat, but he is signing a heartbeat measure. In many respects, these laws are more reflections of the views of the people within a state rather than just party positions.
This is how our federal system was meant to work. The Constitution does not actually say anything about abortion aside from protecting each person's life. That could limit laws that permit abortions after a baby is viable, but it says nothing about what can be decided prior to that point. Roe v. Wade was wrongly decided in 1973 when it made abortion into a constitutional right. A state can certainly make abortion legal up to the point where the infant is viable, but it can also prohibit it.
Don't get me wrong. I am not advocating in this post for any particular outcome when it comes to state abortion laws. I have my own views on that subject, but I can express those at another time. I'm just saying that as a matter of constitutional law, the correct position is that after a baby is viable, that baby's right to life cannot be abridged except in particular situations like when the life of the mother is at stake. Prior to that point, states can do what they want. Of course, until the Supreme Court overrules Roe, that won't be the law.
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