The 10th amendment says, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
So either some individual state has the power to control a woman's fertility, OR "the people" retain the right to control their own fertility.
An analog to Thomas' argument would be: "since there is no explicit constitutional right allowing you to trim your toenails, the government can prohibit you from trimming your toenails".
Completely lost in this is the concept of any PRIVATE or individual realm whatsoever. Remember that the state-fertility-control battle began in the bedroom, over contraceptives, including condoms and diaphragms.
Roe really stole the spotlight of the era and times. In the 60s/70s, contraceptive devices were banned by many states - and condoms were by prescription.
That said, the times have changed, and we should not be looking to abortion as a cure-all. You can easily get contraception.
Lastly, your analogy isn't apt. The 10th Amendment says whatever isn't reserved belongs to the states (or the people.) States can impose laws banning certain activities. However, those laws cannot ban Constitutional rights. So, they can ban gambling - but they cannot ban religious services. In your example, a State would need to create a law that bans nail cutting. If it did, I do not think there is a mechanism to say that is unconstitutional. After all, many states banned tattooing.
Sorry, but this is the wrong way to look at it.
The 10th amendment says, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
So either some individual state has the power to control a woman's fertility, OR "the people" retain the right to control their own fertility.
An analog to Thomas' argument would be: "since there is no explicit constitutional right allowing you to trim your toenails, the government can prohibit you from trimming your toenails".
Completely lost in this is the concept of any PRIVATE or individual realm whatsoever. Remember that the state-fertility-control battle began in the bedroom, over contraceptives, including condoms and diaphragms.
Roe really stole the spotlight of the era and times. In the 60s/70s, contraceptive devices were banned by many states - and condoms were by prescription.
That said, the times have changed, and we should not be looking to abortion as a cure-all. You can easily get contraception.
Lastly, your analogy isn't apt. The 10th Amendment says whatever isn't reserved belongs to the states (or the people.) States can impose laws banning certain activities. However, those laws cannot ban Constitutional rights. So, they can ban gambling - but they cannot ban religious services. In your example, a State would need to create a law that bans nail cutting. If it did, I do not think there is a mechanism to say that is unconstitutional. After all, many states banned tattooing.