The Mississippi case of Dobbs versus Jackson Women’s Health Organization will be considered by the Supreme Court of the United States. If normal timelines prevail, the case will be argued in the fall of 2021 with a decision being announced in the spring of 2022. In January of 1973, the SCOTUS ruled on Roe versus Wade and decided by a 7-2 margin, in a general sense, that the due process clause of the fourteenth amendment to the Constitution provided that a pregnant woman, through her right to privacy, could choose whether or not to have an abortion.
Prior to Roe versus Wade, each state had its own law pertaining to abortion rights. Since that decision, Pro-Life opponents of abortion have argued that there is absolutely no right to an abortion found in the constitution, it was a bad judicial decision based on whole cloth, and each state should retain the right to establish its own abortion laws. Pro-Choice proponents of abortion have argued that the decision was sound, it is now established SCOTUS precedent that should not be overturned, and there should be federal law governing abortion rights.
Since 1973, many abortion cases have found their way through America’s court system; but no single case has both risen to the level of the SCOTUS and clearly addressed the fundamental constitutional right premise of Roe versus Wade. This particular Mississippi case might very well meet both of those points directly.
First off, it is important to understand precisely the legal question that will be considered by the SCOTUS. This critical point will be blurred tremendously by the opposing abortion forces in an effort to gain support for their preferred position. But if we can focus on that fundamental issue up front, it will make the balance of the unfolding drama easier to understand. Here are three articles that set the table for the upcoming case.
https://www.washingtonexaminer.com/news/supreme-court-biggest-abortion-fight-decades
https://www.powerlineblog.com/archives/2021/05/supreme-court-to-review-major-abortion-case.php
The Pro-Choice position of President Biden, the Democratic Party, and most, not all, pro-abortion folks is pretty well expressed in these two articles.
https://www.newsmax.com/politics/biden-abortion-supreme-court/2021/05/17/id/1021705/
The Pro-Life position of most, not all, anti-abortion folks is pretty well summed up in this article.
A little over two years ago, I posted the following piece on the subject of abortion. I stand by these words.
http://centerlineright.blogspot.com/2019/02/the-profound-issue-of-abortion.html
Whatever its outcome may be and notwithstanding the turmoil and anger that this case will no doubt bring forth, I believe it is important for the SCOTUS to speak to this issue with a clear, decisive voice. Since January of 1973, abortion has torn this country apart. The conclusion of this case will not heal those wounds and will certainly not prevent the sincere difference of opinion regarding abortion from continuing forward. It should, however, restore some clarity to our understanding of the fundamental rights that are set forth…or not set forth…in our constitution. It should also serve to better define the federalist nature of our nation and how that nature will proceed into the future.
No comments:
Post a Comment