The question of Constututionality of RVW is about CONTROL.
Democrats / Liberals / the federal govt wants it; however, the US Constitution does not give the federal govt to control / dictate abortion law. That control / responsibility is a STATES Rights issue...always has been.
The only power / authority the federal govt has is what has been specifically spelled out by the US Constitution.
Where does the constitution give rights to State governments to ban abortion? It doesnt.
Rights are for citizens, that restricts government power over them.
Abortion is not mentioned in the constitution.....nor is contraception, as example....
Does that mean the state govt can constitutionally make any form of birth control, illegal? State govts thought they could, and did for decades....
in to right before the Roe v Wade court case, where the supreme court ruled that citizens have a right to privacy that not only the federal govt could not infringe or impede, but the state govts could not infringe on citizen's privacy either....so if a couple wants to use a form of birth control while having sex in their own bedrooms or where ever, it's none of the state government's bees wax.....
based on that ruling, the Conservative Supreme court also ruled the constitution did not give power to State governments to interfere with a woman's right to self determination, and privacy of what was happening in her own body. It was NONE of the state govts bees wax to even know if any woman was in an early stage of pregnancy.
So then the court had to face whether the state govt had any power to intervene in such a private matter....?
One of the supreme court justices was a medical doctor, labor and delivery (I believe), broke down stages of pregnancy...1st trimester, second, and third etc and foetus growth by week etc, and came up with only after 20 weeks gestation, and/or the baby's viability... could a State govt have a SAY in what a pregnant woman can or can not do with her own pregnancy, because at the point of viability is when another person, is involved.
The right to privacy, (liberty as well), is also what ended up with the SC banning State laws against sodomy.
I guess I don't understand why some say this was a bad decision by the SC, when the same privacy argument was used by them for contraception, and sodomy bans in place by state governments?