Roe v. Wade is ripe for a Constitutional challenge for multiple reasons.
But, chief among my concerns is that is is bad Constitutional Law. The reasoning is completely flawed.
Read the transcript, and the decision. There is no mention of the fetus. It is written strictly from the POV the mother's right to terminate. This right was created - out of thin air - under the 4th amendment right to privacy (and guaranteed by the 14A). IIRC, the Court reasoned that a "medical procedure was a private matter, and the 4A provides a right to privacy, so abortion is protected under the 4A."
With that logic, you could argue that a vaccine is a private matter - and your getting one, or not getting one, is protected under the same auspices. But, I digress...
Another problem with Roe v. Wade is the time in which it was written. Remember the era: it was a time of little/no birth control and condoms were either by prescription or banned. In this atmosphere, I could see a legal argument for needing abortion as a means for contraception - even though I do not agree with it.
Today, you can trip and fall over the amount of contraceptive devices and pills we have at our disposal. Everything is on demand - and nothing is withheld. Given that, you likely became pregnant because you were incredibly careless or you intended to get pregnant. (Side note: Never indulge people who come to you with "What about rape?!" because that is emotion driven nonsense that is used to blur the issue and win moral superiority. The amount of rapes that lead to pregnancies is exceedingly low. It shouldn't be used as one of the primary justifications for abortion.)
So, you had every pill and device available to you (including a morning after pill) and you somehow got around to wanting an abortion 3+ months into your pregnancy. You treated "your bodily autonomy and right to choose" as you would cleaning out your gutters. You kept putting it off, and didn't get around to it until it was too late. You were inept, incompetent, and completely reckless. Society doesn't have to sacrifice it's morals and values to appease people who care very little for their bodies and the consequences of their actions.
Lastly: the viability of the fetus is a major concern. In the 1970s, there was likely little done to show the viability of a fetus at Day X in the pregnancy. Today, we have untold amounts of data showing the viability of a fetus at very early stages of the pregnancy. If a fetus is viable outside the womb, then that fetus is a life which must be afforded rights.
Roe v. Wade is ripe for a Constitutional challenge for multiple reasons. But, chief among my concerns is that is is bad Constitutional Law. The reasoning is completely flawed.
Read the transcript, and the decision. There is no mention of the fetus. It is written strictly from the POV the mother's right to terminate. This right was created - out of thin air - under the 4th amendment right to privacy (and guaranteed by the 14A). IIRC, the Court reasoned that a "medical procedure was a private matter, and the 4A provides a right to privacy, so abortion is protected under the 4A."
With that logic, you could argue that a vaccine is a private matter - and your getting one, or not getting one, is protected under the same auspices. But, I digress...
Another problem with Roe v. Wade is the time in which it was written. Remember the era: it was a time of little/no birth control and condoms were either by prescription or banned. In this atmosphere, I could see a legal argument for needing abortion as a means for contraception - even though I do not agree with it.
Today, you can trip and fall over the amount of contraceptive devices and pills we have at our disposal. Everything is on demand - and nothing is withheld. Given that, you likely became pregnant because you were incredibly careless or you intended to get pregnant. (Side note: Never indulge people who come to you with "What about rape?!" because that is emotion driven nonsense that is used to blur the issue and win moral superiority. The amount of rapes that lead to pregnancies is exceedingly low. It shouldn't be used as one of the primary justifications for abortion.)
So, you had every pill and device available to you (including a morning after pill) and you somehow got around to wanting an abortion 3+ months into your pregnancy. You treated "your bodily autonomy and right to choose" as you would cleaning out your gutters. You kept putting it off, and didn't get around to it until it was too late. You were inept, incompetent, and completely reckless. Society doesn't have to sacrifice it's morals and values to appease people who care very little for their bodies and the consequences of their actions.
Lastly: the viability of the fetus is a major concern. In the 1970s, there was likely little done to show the viability of a fetus at Day X in the pregnancy. Today, we have untold amounts of data showing the viability of a fetus at very early stages of the pregnancy. If a fetus is viable outside the womb, then that fetus is a life which must be afforded rights.
Very good post, thanks.