No, Abortion Isn't a Constitutional Right

[Billie.jeens]

(snip)

There is no "right to abortion" in the Constitution. The founders would have been appalled by such a statement. The Supreme Court's decision in Roe v. Wade (1973) is a legal monstrosity by every available metric: As legal scholar John Hart Ely wrote, Roe "is not constitutional law and gives almost no sense of an obligation to try to be." The court's rationale is specious; the court relied on the ridiculous precedent in Griswold v. Connecticut (1965) that a broad "right to privacy" can be crafted from "penumbras, formed by emanations." Then the court extended that right to privacy to include the killing of a third party, an unborn human life -- and overrode state definitions of human life in the process.

https://townhall.com/columnists/benshap ... p=22151825

[ReadingRainbow]

Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy" that protects a pregnant woman's liberty to choose whether or not to have an abortion.

[Deleted User 1186]

Mic drop

[/quote]=ReadingRainbow post_id=414956 time=1558538917 user_id=204]
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy" that protects a pregnant woman's liberty to choose whether or not to have an abortion.
[/quote]

[Billie.jeens]

The court relied on the self-contradictory notion of "substantive due process" -- the belief that a law can be ruled unconstitutional under the Fifth and 14th amendments so long as the court doesn't like the substance of the law. That's asinine, obviously. The due process provision of both amendments was designed to ensure that state and federal government could not remove life, liberty or property without a sufficient legal process, not to broadly allow courts to strike down state definitions of conduct that justify removal of life, liberty and property.