Abortion: What is wrong with letting the States decide?

[jwoodie]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

 

[C_Clayton_Jones]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

 

[alan1]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

The really interesting part is how many states there are that are abortion friendly, yet consider fetal homicide to be murder if one murders a pregnant woman. See CA for a perfect example.

 

[jwoodie]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

Lofty language, but quite irrelevant. As previously mentioned, state laws vary widely regarding a host of related issues. Why is abortion different, other than one of the worst reasoned SCOTUS decisions since "separate but equal?" Since when is infanticide a "civil liberty?" (Read the Hippocratic Oath.)

 

[C_Clayton_Jones]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

Lofty language, but quite irrelevant. As previously mentioned, state laws vary widely regarding a host of related issues. Why is abortion different, other than one of the worst reasoned SCOTUS decisions since "separate but equal?" Since when is infanticide a "civil liberty?" (Read the Hippocratic Oath.)

Abortion is not a Federal issue per se, although the states are subject to the Federal Constitution and its case law.

Currently that case law is Planned Parenthood v. Casey (1992), where the states may not manifest an ‘undue burden’ with regard to one’s right to privacy and access to abortion.

 

[Douger]

What's wrong with letting the individual decide ?
OH ! That'd be freedom.edit

 

[Vidi]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

Lofty language, but quite irrelevant. As previously mentioned, state laws vary widely regarding a host of related issues. Why is abortion different, other than one of the worst reasoned SCOTUS decisions since "separate but equal?" Since when is infanticide a "civil liberty?" (Read the Hippocratic Oath.)

You asked the question and got the right answer and dismissed it because it didnt back up your pre approved stance?

The Constitution is NOT irrelevant. Why do you hate America?

 

[alan1]

What's wrong with letting the individual decide ?
OH ! That'd be freedom.You assholes wouldn't know anything about that.

Should an individual decide on fetal homicide laws?
That's totalitarianism, not freedom.

 

[manifold]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

I'd be willing to let the states decide on abortion if they were also allowed to decide on ALL drugs, which is also not addressed in the Constitution.

 

[Avatar4321]

Then the democrats would lose the issue. That's what's wrong.

 

[Avatar4321]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

No it wouldn't. Abortion isnt a civil liberty.

 

[manifold]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

Yes they are. How do you think prohibition happened?

 

[Vidi]

Then the democrats would lose the issue. That's what's wrong.

Because Republicans dont respect the rights of the individual.

 

[Borillar]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

While not specifically enumerated, it is covered by the 9th, 10th, and 14th amendments to the Constitution. If left to the states, it would also open up a big can of worms. What would happen if a woman in a no abortion state left to get an abortion in another state. Would she be allowed to leave the state to get an abortion? If yes, would she be charged with a crime if she returned? Would a miscarriage be investigated as a possible homicide? Would women be put under house arrest if pregnant? Would smoking or drinking while pregnant be a crime?

 

[Vidi]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

No it wouldn't. Abortion isnt a civil liberty.

Roe vs Wade says that a womans right to privacy is violated by States prohibitions on abortion.

Until SCOTUS overrules Roe vs Wade ( which it could very soon ) it IS protected under the 14th amendment. Period.

 

[Avatar4321]

Then the democrats would lose the issue. That's what's wrong.

Because Republicans dont respect the rights of the individual.

No individual has the right to kill another.

 

[Avatar4321]

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

No it wouldn't. Abortion isnt a civil liberty.

Roe vs Wade says that a womans right to privacy is violated by States prohibitions on abortion.

Until SCOTUS overrules Roe vs Wade ( which it could very soon ) it IS protected under the 14th amendment. Period.

Roe v Wade is a bad decision and everyone knows it. Just because some corrupt judges made a stupid decision doesnt mean it's a civil liberty. Nor does it justify abortion.

 

[Vidi]

No it wouldn't. Abortion isnt a civil liberty.

Roe vs Wade says that a womans right to privacy is violated by States prohibitions on abortion.

Until SCOTUS overrules Roe vs Wade ( which it could very soon ) it IS protected under the 14th amendment. Period.

Roe v Wade is a bad decision and everyone knows it. Just because some corrupt judges made a stupid decision doesnt mean it's a civil liberty. Nor does it justify abortion.

See? There you go...you think because YOU and the echo chamber you live in thinks Roe vs Wade is a bad decision, then EVERYONE "knows" its a bad decision.

No EVERYONE doesnt know that. And as long as you continue to push your beliefs as EVERYONES beliefs, I will continue to oppose you, because if I dont, one day youll be at my doorstep with a rope, some wood and some matches.

Its people that thnk EVERYONE believes as they do that make me support the 2nd amendment fully.

 

[C_Clayton_Jones]

Roe v Wade is a bad decision and everyone knows it.

Based on what facts of law?

Just because some corrupt judges made a stupid decision doesnt mean it's a civil liberty. Nor does it justify abortion.

What evidence do you have any of the justices on the Roe Court’s majority were ‘corrupt’?

And the issue didn’t concern abortion comprehensively, the issue was the right to privacy, as acknowledge in Griswold and reaffirmed in Casey. The right to privacy as codified by the 4th Amendment is indeed a civil liberty, it’s been subject to exhaustive judicial review by both Federal courts of appeal and the Supreme Court, it is acknowledged by jurists as settled and accepted law.

Certainly any judicial ‘errors’ or ‘corruption’ would be discovered by now.

 

[Ernie S.]

Why does abortion need to be a Federal issue, especially since it is not addressed in the Constitution? Why not let individual States decide where to draw the line, just like they do for almost all other laws? For example, States widely differ on whether the murder of a pregnant woman constitutes double homicide. Why should abortion be any different?

It would violate the Equal Protection Clause of the 14th Amendment. One’s civil liberties are not determined by his state of residence; one’s civil liberties are not determined by popular vote.

Yes they are. How do you think prohibition happened?

And why do you think a Constitutional Amendment was needed to justify Prohibition?
Because regulating the consumption of alcohol, wasn't a power granted by the Constitution. The 18th amendment gave it that power. Until then, that power laid with the states.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

It seems to me that without an amendment banning abortion, the Federal government cannot legislate for or against abortion. It is not an "enumerated power", thus all standing to regulate it falls to the states