The Coming Abortion Wars
Amid arguments in the Senate over whether the impeachment of former President Donald Trump is constitutional, and in the House over whether $1.9 trillion is enough money to borrow and distribute to select taxpayers and institutions, there have been rumblings among Democrats to make it more difficult for the Supreme Court to invalidate or permit states to gnaw away at Roe v. Wade.
Roe v. Wade is the 1973 Supreme Court opinion that essentially establishes — within the privacy of the patient-physician relationship — the right to choose to abort a baby in the womb. The opinion holds that during the first trimester of pregnancy, the states have no interest in regulating abortion beyond the health of the mother. During the second trimester, the states can regulate the procedures used, but they may not ban or interfere with abortions. During the third trimester, the states may ban or permit abortions.
Roe’s medical cornerstone is viability — the ability of the baby to live outside the womb. In 1973, viability, generally, was at the beginning of the third trimester. Today, viability is closer to conception. Hence, state regulations protecting post-viable pre-third trimester babies.
Roe’s legal cornerstone is the absence of personhood. The opinion offers that because philosophers, theologians, scientists and physicians cannot agree on when personhood attaches, then neither will the justices of the Supreme Court. Thus, Roe declares that the baby in the womb is not a person. Yet, legally, if the baby in the womb is a person, then a host of constitutional protections insul
Article from LewRockwell