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>Can you show me, from the text of the constitution It doesn't have to be from the text of the constitution if the right derives from it under case law. As su
by ChrisLomont 5y ago
>Can you show me, from the text of the constitution
It doesn't have to be from the text of the constitution if the right derives from it under case law.
As such, here you go:
"In January 1973, the Supreme Court issued a 7–2 decision ruling that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a "right to privacy" that protects a pregnant woman's right to choose whether or not to have an abortion. But it also ruled that this right is not absolute, and must be balanced against the government's interests in protecting women's health and protecting prenatal life. The Court resolved this balancing test by tying state regulation of abortion to the three trimesters of pregnancy: during the first trimester, governments could not prohibit abortions at all; during the second trimester, governments could require reasonable health regulations; during the third trimester, abortions could be prohibited entirely so long as the laws contained exceptions for cases when they were necessary to save the life or health of the mother. The Court classified the right to choose to have an abortion as "fundamental", which required courts to evaluate challenged abortion laws under the "strict scrutiny" standard, the highest level of judicial review in the United States." [1]
Here [2] is the exact opinion from the Supreme Court. The Opinion starts on p.4 of the document. Go ahead and read through it to see exactly what is Constitutional and what is not.
So, under current law, there should be no question, right?
[1] https://en.wikipedia.org/wiki/Roe_v._Wade https://en.wikipedia.org/wiki/Roe_v._Wade
[2] https://tile.loc.gov/storage-services/service/ll/usrep/usrep410/usrep410113/usrep410113.pdf https://tile.loc.gov/storage-services/service/ll/usrep/usrep...
- nvahalik 5y agoExcept... this isn't law. This is legal precedent. The court can only rule on laws—it cannot create them. This is why we are now "decriminalizing" things: In a plurality of states, you have fetal homicide laws where the life of the unborn is equated to another human life. Courts and prosecutors have simply chosen to ignore the law and the left has pretty consistently used the courts to bypass actually changing or doing anything with the law (probably because the support just isn't there).
- jakelazaroff 5y agoWhat do you think law is? The Fourteenth Amendment is part of the US Constitution. The Supreme Court’s interpretation is that that law protects the right to abortion. You might not understand how (or agree) that follows from the text, but that doesn’t matter. Only the Supreme Court’s interpretation is canonical; ergo, the Constitution guarantees the right to an abortion.
- ChrisLomont 5y agoThis is law. They state this is a result of the 14th Amendment. There is no higher law.