Reply #54: First of all, [View All]

[Yupster]

if Roe versus Wade were overturned, it would not make abortion illegal. The issue would revert back to the states.

If that were the case, I believe it would be to the great benefit of Democrats as many women who currently vote Repulican would then see the issue actually in their face and on the ballot. I cannot imagine more than 2-3 states actually making abortion illegal if they had the right. I know in Texas, the Republican legislature would hate having to make such a vote. They like throwing a bone or two to the religious right like partial birth abortion, or parental notification, but an outright vote to make abortion illegal would doom their party, and they know that.

Now to Roe versus Wade. It is an indefensible (IMO) Supreme Court decision. The Constitutional right to an abortion was supposedly found within a penumbra (shadow) of other rights. The Fourteenth Amendment has been mentioned as has the Ninth.

Well, go read the 14th Amendment. It was written for three purposes. The Civil War had just ended, and the 13th Amendment had just freed the slaves, but many states had signalled that they would not treat their 'freedmen' as citizens.

The 14th Amendment addressed that. It ...

1. Made anyone born in a state (freedmen) automatically a citizen of that state.
2. It cancelled the Confederate war debt.
3. It disqualified many Confederate leaders from holding federal office.

Now I'm supposed to believe that the 14th Amendment also made abortions a Constitutional right somewhere hidden in a penumbra just because I happen to agree with the final result? No thanks. If judges are allowed to discover new rights in penumbras, I may not like it next time when they discover that the 17th Amendment (direct election of senators) has buried within it a penumbra which makes it unconstitutional to hold political meetings within a year of an election.

Roe versus Wade is also idefensible because of the trimester divisions. The state has a compelling interest in the fetus's life in the 7th month but not in the 6th? Why?

Fetal viability? You want to stand on that nonsense that a fetus is not viable in the 6th month but is in the 7th? Utter nonsense.

It was one of the worst decisions the Supreme Court ever made, and will be laughed at for hundreds of years if our form of government survives that long.