Uncommon Sense

May 16, 2022

How to Resolve the Abortion Issue

Filed under: Politics,Reason,The Law — Steve Ruis @ 2:16 pm
Tags: , ,

It appears that the SCOTUS is going to return the power to make laws about abortion to the states. In this, they will not have gone far enough. They need to return that power to the people.

Since the nation’s citizens are so widely divided on the topic, no federal or state can say that it is representing its people with any particular legislation. In other words, the states have no compelling interest in the topic, certainly not any interest that imposes any particular viewpoint upon millions of people.

So, whether to abort a fetus or not is a decision to be made by a woman, in consultation with others of her choosing (husband, doctors, friends. clergy, relatives, etc.). The only role for government is to ensure that safe practices be followed in any such procedures.

In the Bill of Rights it says “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” (Amendment IX) which indicates that the people do have powers in our system of government.

My recommendation is based upon “government of the People, by the People, and for the People.” Who better to adjudicate an abortion question than the only people who it affects, the pregnant woman and her advisors. No one else should have any say in the issue because they have no stake in the game. Anyone who claims to support “freedom” should support this, otherwise they claim to support freedom, except when they use the government to take away the freedoms of others. Those exercises of governmental power don’t count.

As to those who claim the fetus has a stake in the game, that may be true, but all current laws support total bodily autonomy of the mother in such matters. The government cannot force someone to donate part of their body, even blood, even in extreme cases. It can only ask or beg. Government cannot demand a kidney for transplantation into another person, or any other organ either. So, the government cannot demand that a women’s uterus be used to their ends, either.

Power to the People, baby!

Addendum
. . . the full scope of the liberty guaranteed by the Due Process Clause cannot be found in or limited by the precise terms of the specific guarantees elsewhere provided in the Constitution. This ‘liberty’ is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms in the United States; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints. (Emphasis mine.)
—Justice John Marshall Harlan writing in Poe v. Ullman, 367 U.S. 497, 543 (1961)

Oh, but this SCOTUS is no longer interested in stare decisis.

4 Comments »

  1. No one else should have any say in the issue because they have no stake in the game. — WRONG! The politicians all have stake in the game. If they SUPPORT abortion, they lose VOTES by the pro-life group. If they OPPOSE abortion, they lose VOTES by the pro-choice group. And as we all know, VOTES is just another term used for $$$$$.

    Liked by 2 people

    Comment by Nan — May 16, 2022 @ 2:55 pm | Reply

  2. Can you tell me WHY the Dems aren’t going full steam ahead with increasing the number of SCOTUS seats?

    Liked by 1 person

    Comment by john zande — May 17, 2022 @ 2:52 pm | Reply

    • Personally, I’m beginning to think the Dems don’t go full steam ahead on much of ANYTHING!!

      Liked by 2 people

      Comment by Nan — May 17, 2022 @ 3:30 pm | Reply

    • Probably because not all Democrats are in favor of this move. Some Democrats (Manchin and Sinema in particular) are pretty conservative and like to maintain the status quo. That makes any kind of change difficult.

      Besides, just increasing the number of justices is probably only a short term fix anyways.

      Liked by 2 people

      Comment by Herald Newman — May 18, 2022 @ 5:21 pm | Reply


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