A woman certainly has the Right to Her Life. That’s Constitutional and that’s in the Declaration of Independence. A doctor however has the right to refuse to perform an abortion as well as the Right To Perform an Abortion. All those issues are part of the freedom and Liberty packages.
So far as the fetus or a fetus, it has no rights whatsoever. A cat or a dog has more Rights than a fetus. As much as just about everyone loves babies and want’s them to be born, survive and thrive, a baby has no rights until it becomes an independent being. That only happens after it’s born. Until it’s born, it’s a fetus intimately connected to the pregnant woman who doesn’t become a mother until the fetus is born. It’s physically connected by an umbilical cord that must be cut away from the mother after birth.
Birth… That’s a clear, bright line.
Most people however want to protect a developing fetus and so do we but Abortion is a moral issue and it is also a matter of law, freedom, liberty and privacy all at the same time. The Supreme Court let America and Americans down when it refused to decide that Abortion is a Right. The Supremes simply ducked the issue instead of doing their job and correctly deciding it.
The Dobbs Court had the power and the authority to correctly decide the issue of Abortion and avoid the tumult and chaos. Here’s how it had the Right and the power to correctly decide Dobbs and rule in favor of abortion.
The Declaration of Independence identifies the Right to Life as unalienable. The Constitution does the same in bigger terms when it passed the Ninth and Tenth Amendments which claimed Rights not mentioned are retained by the people and the powers not delegated nor prohibited by it are reserved to the States or to the people. That means the right to an abortion is covered by the Ninth Amendment and the power to have, to procure it is reserved to the woman and the power to actually do it are covered by the Tenth Amendment. The defense of Liberty is covered in the Pre-amble under the “Blessings of Liberty” clause. that’s another clear, bright line.
So the Supreme court did us all a dis-service when it decided in Dobbs to invalidate Roe and Casey and to require the States and the people to fix their massive mistake. Shame on them.
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