Having established that “The Constitution does not explicitly mention any right of privacy,” as the Court accurately noted in Roe, and that the Court relied on that virtual right to further invent another constitutional “right” to abortion with no basis in law, history or tradition, we turn to the Court’s dreadful shift to policymaking and why it, too, is indefensible.
While the media’s caricature of pro-life laws around the country at the time of Roe is that they sought to completely ban it, without regard for women, the facts of the case in Roe were, of course, different. I think by now every reader knows that the media lies. Therefore, remember that when it comes to the coverage you hear around Dobbs v. Jackson Women’s Health Organization.
The Texas law at issue in Roe actually had an exception for “medical advice for the purpose of saving the mother’s life.” If Roe were overturned, it does not mean abortion will be criminalized everywhere for every reason as some will have you believe. Instead, it would mean that laws would more accurately reflect the convictions of most Americans in their localities. What the Supreme Court did in Roe was impose its preferred view of abortion policy robbing “we the people” of a voice in the matter.
In Dobbs, Mississippi passed a law establishing a policy of restricting abortions after 15 weeks only to the cases of medical emergencies and or severe fetal abnormalities. There is no basis, constitutional or otherwise, for the Supreme Court to second guess a state’s policy in such a matter. …