Quote:
Originally Posted by Kevin
Yes, at least that's what it was when I was in law school. Back to Ghostwriter's states rights comment--Even in Planned Parenthood v. Casey, the anti-choice side wasn't framed as a "states rights" or 10th Amendement issue, it was that the state has a compelling interest in preserving life. Or at least that's the argument that carried the day.
Getting a little more "meta," the principles at play are the rights of the mother, i.e., the fundamental liberty interest she has in her privacy and the right to an abortion. When someone has a fundamental liberty interest, the state has to have a compelling state interest to override it. The Court found that once the fetus becomes viable outside the womb, there is in fact a compelling state interest. Not because of the 10th Amendment, but because the state has a compelling interest in protecting life.
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My opinion and that of many others is that the Constitution is silent on the issue of abortion. Again, my argument is that a State has the right to determine what rights are granted to their citizens. This is my belief whether it involves gay marriage, polygamy, gambling, drugs, abortion or other concerns. Hopefully the "Constitutional Right" to an abortion will some day be overturned and it will be thrown back to the States where I believe it belongs.
I am not arguing that abortions are "illegal" or not the law of the land at this time (because it obviously is). I am stating that I disagree with the way the law has been instituted (via Judicial fiat by SCOTUS). The NY process for allowing "gay marriage" is the proper methodology/blueprint for implementation IMO. Each state should be allowed to make their own laws regarding this and a host of other "compelling" issues.
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