On the death of Roe V. Wade

2개월 전

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To millions of Americans not trained as attorneys or particularly interested in legal reasoning, the only really important element of a Supreme Court decision is the outcome. And the outcome of today’s decision is to EMPOWER EACH STATE to enact laws which will permit, regulate, or prohibit abortion procedures within that state’s borders. Of course, Congress is also free to enact federal legislation regarding abortion. So, one way of looking at today’s SC decision is as a victory for the democratic process. Let the U.S. senators and congressmen and the state legislators – all of whom are elected directly by the people, unlike Supreme Court justices – vote and pass laws allowing, restricting, regulating, or prohibiting abortions in this country.

I still remember reading the Roe v. Wade decision decades ago, when I was a student. I thought then and I still think it’s a poorly reasoned, unpersuasive piece of judicial writing. The Court’s majority sought to usurp a legislative function by imposing its own trimester scheme for determining when abortions can and cannot be regulated by the state. At least, that’s how I viewed it.

I SUPPORT the legal availability of most abortions under most circumstances. I do so, however, not because of Roe v. Wade, and not because of the “women’s right to choose” slogan, which completely ignores the role and the rights of men.

Today is a good day for America and Americans because the Supreme Court has acted to return decision-making – about a major issue of national importance – back to the people and their elected representatives.

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