For the first 200 years after the USA became independent, the issue of whether or not to allow abortion was made state by state. In fact, when the Roe v. Wade decision changed all that, there were some states where it was easy for a woman to get an abortion (like NY) and other states in which abortion was prohibited. The rules were set in each state by the political process.
In 1973, the Supreme Court established a constitutional right to abortion in the Roe case. That decision took away from the states their ability to regulate or control abortions. According to the Supreme Court the Constitution mandated a complicated batch of rules that allowed women (1) to undergo an abortion by choice in the first trimester, (2) to have an abortion in the second trimester so long as certain extra rules were followed, and (3) to have abortions in the third trimester only under some rather strict limitations. The decision was really quite something bizarre since the Constitution never mentions abortion or anything like it. The case was just a way for the justices to make America follow the dictates of the court on this issue.
Ever since the Roe decision, there has been no way to have a rational discussion about abortion in the USA. Any attempt to regulate abortion has been met with lawsuits, protests and all measure of charges that pro-life groups were seeking to strip women of their rights. Any measure to loosen abortion restrictions was viewed as advocacy for murder by the pro-life movement. There was no discussion, just screaming sessions.
A good example of this comes with two recent state laws. In NY, the legislature enacted a measure that would let a mother decide to have the baby killed if it somehow survived an abortion. Those who opposed this measure were denounced as attacking women's health. In GA, the legislature today passed and the governor signed a bill to restrict all abortions after the detection of a fetal heartbeat. This too has led to angry outbursts attacking the measure.
The problem we face is that these measures will be judged in court under the standard of fantasy constitutional rules. The Constitution is silent on this issue, so what we will get instead is the personal opinions of the justices of the Supreme Court. The people will not get to choose for themselves what the law should be. This is the result of the courts stepping in to take an issue away from public control based upon dubious constitutional arguments.
The abortion issue will soon be back in front of the Supreme Court. No matter what one thinks of abortion, it would be a great result if the Supreme Court were to pull back from its imposition of phony constitutional limits on this practice. That would let the political forces control abortion on a state by state basis. The decision in Oklahoma may not be the same as the decision in New Jersey. That's ok. It leaves the decision up to the control of the people.
In 1973, the Supreme Court established a constitutional right to abortion in the Roe case. That decision took away from the states their ability to regulate or control abortions. According to the Supreme Court the Constitution mandated a complicated batch of rules that allowed women (1) to undergo an abortion by choice in the first trimester, (2) to have an abortion in the second trimester so long as certain extra rules were followed, and (3) to have abortions in the third trimester only under some rather strict limitations. The decision was really quite something bizarre since the Constitution never mentions abortion or anything like it. The case was just a way for the justices to make America follow the dictates of the court on this issue.
Ever since the Roe decision, there has been no way to have a rational discussion about abortion in the USA. Any attempt to regulate abortion has been met with lawsuits, protests and all measure of charges that pro-life groups were seeking to strip women of their rights. Any measure to loosen abortion restrictions was viewed as advocacy for murder by the pro-life movement. There was no discussion, just screaming sessions.
A good example of this comes with two recent state laws. In NY, the legislature enacted a measure that would let a mother decide to have the baby killed if it somehow survived an abortion. Those who opposed this measure were denounced as attacking women's health. In GA, the legislature today passed and the governor signed a bill to restrict all abortions after the detection of a fetal heartbeat. This too has led to angry outbursts attacking the measure.
The problem we face is that these measures will be judged in court under the standard of fantasy constitutional rules. The Constitution is silent on this issue, so what we will get instead is the personal opinions of the justices of the Supreme Court. The people will not get to choose for themselves what the law should be. This is the result of the courts stepping in to take an issue away from public control based upon dubious constitutional arguments.
The abortion issue will soon be back in front of the Supreme Court. No matter what one thinks of abortion, it would be a great result if the Supreme Court were to pull back from its imposition of phony constitutional limits on this practice. That would let the political forces control abortion on a state by state basis. The decision in Oklahoma may not be the same as the decision in New Jersey. That's ok. It leaves the decision up to the control of the people.
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