Quote:
Originally Posted by MysticCat
Why the Bill of Rights? It's not a super-Constitution; it's part of the Constitution, no more and no less important or binding, legally speaking.
The right to choose, according to the Supreme Court, is guaranteed by the Fourteenth Amendment, though the case law on that issue, and on the broader right to privacy, sometimes invoke the Ninth Amendment. That amendment, which is part of the Bill of Rights, states that the fact that only some rights are enumerated in the Bill of Rights doesn't mean that the government can violate other, non-enumerated rights that the people have.
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This decision is controversial and I believe it tramples on states rights. It also does not recognize the child as a viable being/person deserving protection. It is all opinion and hence the reason I stated specifically the Bill of Rights and not all amendments. It is the reading/interpretation of the amendments that I disagree with. I suspect that if Roe v. Wade were to come up now a different opinion might be forthcoming. I simply do not read the 14th as the court did. The 9th has been ruled to not have bearing on abortion so that argument is most probably moot.
The XIV Amendment also states "without due process" so one may be denied life, liberty etc if the States deem it. States restrict polygamy, bigamy, drugs, gambling (I can't legally gamble in NC, does this restrict liberty?) and many other actions so my reasoning is that a State can make a law restricting abortion. Hence the same argument which has haunted us since the decision was handed down. What is "due process", really? Books have been written on this so we will not resolve it in these threads.
Bottom line with me is that I would support a States right to abolish abortion as well as a States right to allow abortion and anything in between. I would not, however, live in the State that allowed it if it were truly an option available. Same with "gay marriage" as it should be up to the States.
I line up with White and Reinquist in their dissents. IMO this was Judicial activism with no true Constitutional foundation. The Justices should have left it to the States as it was at the time.