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Thoughts on the Abortion Draft Decision

James Beal

Posted on May 5, 2022 15:48

3 users

What did this conservative opinion get right and what did it get wrong? A call to action.

While this is a huge blow to the pro-choice movement, pro-life supporters are not completely satisfied because it does not ban abortion nationwide. A closer evaluation of this decision is necessary. The primary tenets of the decision rest on the issues of judicial legislation, federalism, and established natural law. The court mentions the social unrest caused by Roe and Casey. This last point is immaterial when deciding issues of law based on principle.

The judicial legislation argument has merit. It is not a surprise from a conservative court dominated by strict constructionists. It is true that both Roe and Casey filled a void left by inaction by Congress on this issue. Inaction on the part of Congress should not be construed as permission for the other branches of government to act in its stead.

Federalism: Historically, states have taken the role of regulating abortion. There is no federal or specific Constitutional provision for nationwide regulation. The court is on the mark here. Our federal system pushes most issues to the states and closer to the people. On the surface, it is reasonable to allow states to decide for themselves. Reasonable, until we turn to the actual human rights involved.

Natural Rights: It is on this last point that the court is in error. It holds the contention that there is no natural right to abortion. As a consequence, it must limit its decision to rights that are specifically enumerated in the Constitution. This contention is absurd. Women have been exercising control over their bodies from time immemorial.

The court has abandoned its responsibility to safeguard the rights of women and the unborn. It failed to address the inherent conflict between a woman's natural right to control her body and her responsibility to the unborn. Some will be quick to point out that the unborn have the natural right to life just as a woman does. Of this, there is no doubt. Yet, there remains the problem of addressing conflicts between these when they arise.

Rational people on both sides of this issue would agree that women have the absolute right to control their reproduction. The issue is not if, but when. Before conception, there is little argument. A woman has the right to select and choose a person for copulation. However, the choice after conception is at issue. For some, once conception has occurred, the woman's rights are completely transcended by the unborn without regard to personal health and events leading to conception.

When a woman's freedom to control her reproduction has been compromised, it is incumbent on society to right the wrong. In cases of rape, incest, or other coercion, abortion is a possible remedy. Likewise, when a woman's right to health and life is endangered by a pregnancy, it is her right to terminate it. In these cases, the rights of the sentient adult human override the non-sentient unborn.

The court has abandoned reason and logic in its myopic effort to appease the right.

James Beal

Posted on May 5, 2022 15:48

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