wade said:
The whole issue with Roe vs. Wade hs to do with the right of the poor woman to an abortion. Before this descision, the poor were denied abortions while the rich were able to get them.
If we are going to make abortion illegal, it needs to be illegal for all. That must include the rich girl who can afford to goto another country if necessary to have an abortion. She needs to be prosecuted when she returns.
If your argument is about the rights of the unborn child, it does not matter if the woman was raped. The unborn child is guilty of no crime, and she should have to have it just like any other pregnant woman. You cannot deny one person a right because of the actions of another - that is never justified.
No, Roe vs. Wade was not about the right of women to get an abortion. Abortion was legal in several states before Roe vs. Wade.
What Roe vs. Wade did was to take away the States' right to ban abortion. Before Roe vs. Wade, a woman could have had an abortion if she went to a state that allowed it.
This sounds like judicial activism to me. The 10th amendment says:
"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."
Now the question is where in the Constitution is a woman's right to "choice" specifcally defined? The Constitution does not provide for a woman's right to "choice". Since the Constitution does not specify a woman's right to an abortion, the states have the right to ban it. Therefore, Roe vs. Wade violates the 10th amendment because it takes away the States' right to ban abortion.
Second, the 14th amendment says:
"...nor shall any state deprive
any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
if an unborn child is a person, then any law that allows abortion violates the 14th amendment in that it denies equal protection to the unborn, it also deprives the unborn the right to life without due process of law.
Pro-choice people get around this part of the Constitution by claiming that a fetus is not a person but a blob of tissue. However, medical science now is able to save the lives of children born as early as, what, 4 months?, 5 months? 6 months?, perhaps even earlier? How is it that these blobs of tissue are suddenly people?