No, The Supreme Court Has Not Constitutionally Banned Abortion
Although I personally wish it were the case, the Supreme Court did not federally ban abortions; it’s now simply up to the states to determine what limits they want to impose or not impose on abortions. All such limits will now only face rational basis review and the court listed numerous factors that could be considered in limiting abortion in that context.
Basically, it means the states can do whatever they want on the issue of abortion going forward. It’s not a uniform federal rule either way and the court emphasized over and over again how unique this case was. That unlike same-sex marriage, unlike birth control, unlike every-other decision concerning privacy as an example, where it was extended to protect family and intimate relationships, unlike all of those cases, what is unique and distinct is the impact it has on another life. And whether or not a state has a right to give value to that other life is the core, key constitutional question. And that removes it from all those other cases.
Abortion was never an enumerated right in the U.S. Constitution – it was read into the privacy provision. The problem is that in order for it to be an implied right under the definition of liberty in the 14th amendment, it needed to be rooted in history, tradition and text – like that of the 2nd Amendment, which guarantees Americans the right to bear arms against a tyrannical government. Basically, abortion was never a federal issue – and the Supreme Court simply returned it back to the American people when it wrote:
Page 5 of the Supreme Court decision states: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.
I know, I know we’re all supposed to be angry and up-in-arms … especially if you’re a woman (biological adult human female) and you happen to live in California or my home state of New York. But here’s the thing, I’m old enough to know the truth about abortion and its devastating effects on our society.
History of the 14TH Amendment & Roe v Wade
If you source your authority to do something in the U.S. Constitution, it needs to have some historical antecedence in roots. The problem is in 1791 abortion was a crime in almost all states in America, the same was true in 1868 (the passing of the 14th Amendment) and even up to 1973 abortion was a crime in most of America. In fact, there’s no state court case, no law review article, no scholarly treatise, no broad public opinion commentary – anything suggesting that abortion was a constitutionally protected right – part of the liberty of the 14th Amendment, or any of the other rights within the rest of the constitution – up to the point of deciding Roe vs Wade.
The point is, if we’re going to root the constitutions rights in history, the least credible claim is that abortion is rooted in the constitution – it’s just not. The left made it up because they like it. They also liked it for eugenics purposes – not to protect women.
The Supreme Court notes that throughout a long history abortion was seen as murder. Almost all of American history, all of English history we borrowed into our common law. There was a rule called quickening – an evidentiary means of knowing whether a woman was pregnant or not. We now have science and data to allow us to tell without relying on quickening.
Justice Ginsburg herself was on record opposing eugenics and stating that the abortion decision was “bad law”. It only stayed alive because the professional class wanted to keep it alive. In the 1990’s the Supreme Court was expected to overturn Roe vs Wade but instead, they saved it.
Therefore, in terms of stare decisis (valuing prescience) this had the weakest claim to valuing precedent. In part because there’s no real reliance interest in it because it’s a spontaneous, unanticipated, unplanned event to begin with and the quality of the argument, how well the argument is held up, how its bled into and contaminated other areas of law …
– all of it points to the same thing – that this was an unsustainable opinion to begin with.
Now the only question is, do you recognize the fetal life as a human life under that same 14th Amendment? If so, the states are not allowed to allow abortion. Or do you say “that’s not a decision we the court should make”? That decision (about whether that’s a life) and worthy of certain protection should be a state legislative choice.
The Media Misrepresentation of The Case
In the 213-page decision, the Supreme Court repeats over and over again, rebutting the mainstream media and social media lies that this now means the end of all forms of privacy. They said in every instance what is completely unique is that this guarantees the death of another life. There’s no other context where that’s true. And over and over again they said this case has no bearing on any other cases.
Mary’s Personal Opinion on Abortion
Ladies, please know you are worth so much more than a one-night stand or settling for hazardous relationships. You also have more choices than you may realize: abstinence, birth-control, adoption or raising your child. I for one hope this is the beginning of a great societal change where young ladies begin to see themselves as more valuable than rubies – the exact same way God sees them. For in this revelation, young ladies can choose to grow in Godly wisdom rather than the lies of feminism. I truly pray this brings about an awakening of mutual respect and admiration among the sexes. Can it finally be possible for society to see real value in each other? Men crave respect and women crave love. I for one am glad this decision has finally come down from the Supreme Court – it’s a decision they never should have made in the first place. Exercising judicial tyranny is never good and all major moral decisions should be placed on voting ballots.