As we know, most people make decisions based on emotion rather than reason or logic, and abortion is an extremely emotional issue. This is why the leaked draft of the current SCOTUS position reveals the genius of our highest court.
We all know that life begins at conception. None of us know when human life actually begins. Some might argue human life begins at conception. States like Texas claim life begins when a heartbeat is detected, which is around six weeks or so.
The state of Mississippi and controversial case before SCOTUS restricts abortion after 15 weeks. Current precedent sets the abortion deadline around 24 weeks. We accept abortion rights are not unlimited. The Roe decision was not absolute.
This patchwork of timelines and confusion is due to the fact NOBODY knows when human life begins.
In 1973, nine men of SCOTUS decided for all of us. They admitted they didn’t know the answer. They simply dodged the question about the beginning of human life by ruling the decision should be left to the woman and her doctor.
However, there have been an estimated 70 MILLION abortions since Roe was decided in 1973. These are developing human beings. One reasonable person may consider the emerging life to be an inanimate clump of cells; another may believe the life represents a viable human being.
NINE unelected human beings should not decide such an important and factually-unknowable issue in our democratic republic. The current court of nine individuals, although more diverse than in 1973, should not decide either.
Photograph by Fred Schilling, Collection of the Supreme Court of the United States
The leaked SCOTUS position is therefore genius. Contrary to emotional media and public outcry from pro-abortion groups, the draft position does not overturn Roe. If this proposal is finalized, SCOTUS returns the decision to states — and thus, The People.
California officials announced yesterday they plan to codify by law or state constitution guarantees for a women’s right to choose. Wonderful. The people of California will decide.
Texas and possibly up to 26 states may set more restrictive parameters. Wonderful. The people in these states will decide.
Abortion is not similar to gay marriage. A patchwork of laws governing gay marriage is both illogical and inhumane. One can’t be married in one state for ten years, move to another state, and be considered unmarried. There must be one uniform law across the nation.
Abortion is similar to the cannabis issue. Some 18 states and Washington D.C. have legalized recreational use. Some have decriminalized. About 38 states permit medical cannabis. People have choices. They can move or travel as they want.
Is this inconvenient? Yes. Both abortion seekers, as well as recreational and medical cannabis users, are and will be frustrated. However, there are significant medical, moral, public and personal safety issues surrounding both abortion and cannabis use.
Should nine unelected men in 1973 have decided for millions of Americans? This decision represents dictatorship by the minority. And today, nine justices should not decide — yay or nay — about this emotional and unknowable issue of abortion.
This divisive and difficult policy position belongs with the American people. Elections matter. Activism matters. Participation in politics and our form of democracy matters. Until science can settle the currently unknowable question when human life begins, the people must be free to decide.
The current draft position authored by Justice Samuel Alito suggests SCOTUS will vote to strike down the federal landmark decision in Roe v. Wade. However, SCOTUS will not decide whether a woman can or cannot have an abortion procedure.
Politico claims the draft opinion is a “full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision — Planned Parenthood v. Casey — that largely maintained the right.”
Correct! SCOTUS does not believe the federal government should dictate on this matter. Similar, there are millions who believe the federal government should not dictate on face mask wearing or vaccinations in a pandemic. There is precedent for state and local determination.
Justice Alito claims that “Roe was egregiously wrong from the start.” He adds further, “We hold that Roe and Casey must be overruled … It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Brilliant. Messy. Confusing, but correct. This important issue must be returned to the people’s elected representatives in the states. Nine individuals in the federal government cannot and should not decide this controversial issue.
Congratulations to the current SCOTUS for having the courage and respect for the American people and our form of democracy to allow us to decide. Such behavior truly demonstrates the beauty of our great nation.
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‘We all agree life begins at conception’ – I have no idea what this means. Aren’t a sperm and egg alive before they conjoin? What does this mean other than ‘I believe God creates human souls at the moment of conception and I need to work to save that soul’ – how does this get codified into literal law?
Good points! Thoughtful … is a sperm alive? Probably. Is the egg alive? Not sure about that. At conception, we agree that a new life has been created. Do you consider the embryo to be “human”? Or is the small clump of cells more like a tadpole? Can the SCOTUS or law make such a decision?
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