Roe Vs Wade - Overturn of Abortion rights

 Well the left has gone mad again about the leak draft of an opinion (reportedly the majority one) which will overturn ROE vs WADE, the Supreme court judgement that so called legalised Abortion. There are so many myths being propagated about this, I just wanted to cut through the hysteria and go to the facts.

Firstly, What was the judgement in ROE vs WADE? It was the the "right to privacy" in the 14th Amendment of the constitution (which is effectively the right to be left alone) means that any state law restricting Abortion had to be balanced with the states interests to make sure the health of Mothers and babies was protected. So a Texan law to restrict abortion to only those circumstances when the mother was in danger meant that the state was interfering with a woman's personal rights and hence was unconstitutional.

The 14th Amendment states

"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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."

Now while the judgement struck down the Texan law, it also said that abortion wasn't legal all the time, in any circumstances. The court said that before the embryo was viable, a mother could have an abortion, but after that, when there was a high chance of a baby being delivered, the state could restrict abortion.

This is why there has never been any issue with laws affecting late term abortions....the late term abortion has never been part of the Roe Vs Wade decision. In practice this has meant before 24 weeks, abortion in constitutional, but after 24 weeks, its not as the state has a legitimate interest to restrict abortion.

Which brings us to the judgement today. In Mississippi, there is a law that wants to restrict abortions to before 15 weeks. After 15 weeks, abortion would not be permissible unless the mother was at risk. The state is justifying this by saying that by 15 weeks, the featus has alot of the behaviours of a new born already and resembles a baby.

And it appears the court agrees. Says that Roe vs Wade was a massive reach of judicial activism and that the 14th amendment doesn't mention abortion, or even privacy, so the right shouldn't be protected by the constitution. Also that the right to an abortion is not a "deeply held or historical right" in the US, which is a requirement, which I would probably have to agree with. As a religious country, the right to abortion has no business being a right worthy of protection. Similar to the case of assisted suicide, that the Supreme Court found was also not a protected right, and hence states could restrict it for the public good.

So I think on the basis of law, the Court is correct in overturning Roe vs Wade, and allowing the states themselves to decide how they should restrict it. But it is going to cause no end of grief for the uneducated left wingers who only see their right to use abortion as a contraceptive taken away.