June 27, 2022

Abortion



While from a personal point of view, with only daughters and sisters, I have always ended up, when push came to shove, where I wanted women to be able to make the decision, I have always understood that it is a difficult issue to decide if/when a fetus has some rights AND that many Constitutional scholars, including Ginsburg, have indicated that Roe and Casey stood on weak constitutional grounds.

My view and understanding (see below) is that SCOTUS made an accurate Constitutional ruling, regardless of my preferences or thoughts related to morals, and that they have returned the issue to the legislatures.  Also, as best as I can tell, in all States women will have the right to an abortion if the mother's life is in danger.

RULING REVIEW 

Casey (which modified Roe) essentially limited a woman’s right to an abortion after viability (not defined) to instances where the mother’s life is in danger.

SCOTUS decided that Casey (and Roe) were not Constitutional because the Constitution is silent on abortion, that there was not a universal recognized right to an abortion at the time the Constitution was passed, and that the right to an abortion cannot be an unenumerated right BECAUSE an abortion affects a fetus and there is great disagreement in society as to what rights, if any, a fetus has at what point.

They indicated that it is not Constitutional for SCOTUS to decide what rights, if any, a fetus has at what point and that it is up to the legislatures (Federal and/or State) to make this decision for the people that they represent.

Note that in the EU, for the most part, countries’ Legislatures, not Courts, limit a woman’s right to an abortion after 12 weeks to instances where the mother’s life is in danger.

The expected result is that if and until a Federal law is passed, that abortion limits will be left to the states and range from unlimited abortion at any time, even 9 months, to no abortions except in the cases that threaten the mother’s life.  
  1. All states are expected to allow abortions if the mother’s life is at risk
  2. Few states with limits have an exception for rape or incest.
  3. Most states will allow the use of Plan B (morning after pill).  There is a serious doubt as to the legality of the handful of states that are trying to limit the use of Plan B
  4. The majority of the majority opinion also made it clear that because abortion affects a fetus with whatever rights it may or may not have, abortion is not the same as other unenumerated rights such as gay marriage, birth control, etc. and there is no reason to think that this court would eliminate the later

 

No comments:

Post a Comment