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Re: Supreme Court to strike down Roe

Posted by subfan on Tue May 3 04:27:24 2022, in response to Supreme Court to strike down Roe, posted by Spider-Pig on Mon May 2 21:41:29 2022.

I did not read the actual draft opinion, but it seems to be correct. Whether or not one thinks abortion should be legal, the question that the Court is addressing is whether Roe's finding of a "right" to abortion in the Constitution is correct. The answer to this seems to be a pretty clear "no" - it is not a Constitution-based right - it is not addressed either positively or negatively in the Constitution.

The result of such a decision would be to return the abortion issue to the realm of any other issues handled legislatively - generally at the level of state legislatures. Thus, each state could determine whether or not abortion should be legal there, including putting a right to abortion in the state's constitution. You may think that abortion should be allowed on demand anywhere on the US, or be totally banned, but that's a political view to be addressed by elected representatives - as a strict legal matter, the Court is purportedly saying that this is simply not a matterby the Constitution.

subfan

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