Pro Logica

September 3, 2012

Legal Abortion? Blame Texas

Filed under: Specific rulings of SCOTUS — Tags: , — Ron Toczek @ 2:58 pm

While this topic is old news relative to my posts on abortion, I am repeating my views here because I believe the pro-life people are pursuing the wrong tactic for eliminating abortion, mainly because health of the pregnant woman,rape and incest will always be contentious subjects.  Certainly, person-hood amendments to constitutions would be definitive to protecting new-born life but they cannot totally prevent abortions especially since SCOTUS has defined a right to privacy and Congress has done nothing to prevent SCOTUS from ruling on the topic.

When we examine the Roe v. Wade ruling we find that there is nothing in the U.S. Constitution about abortion, absolutely nothing.  Also, the right to privacy cannot make an illegal action into a legal one–consider the use of hearsay in criminal trials  or the principle of the seal of confession in the Catholic Church.  This, together with Amendment X limits SCOTUS jurisdiction to Federal laws concerning privacy unless the law specifically states that it applies to all the States.

Following this logic, Texas had every right to tell SCOTUS to stick their ruling up their you-know-what, but by meekly acquiescing they set a precedent for the other States.  However, pro-life groups should notice that nothing has changed either with the Constitution or laws enacted under it, meaning each state can repudiate the Roe v. Wade ruling whenever it so desires.

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