The Recorder - My Turn: Constitutional Questions Underlying Roe v Wade Decision

Posted: 12/28/2021 14:18:28 PM Modified: 12/28/2021 14:18:02 My last editorial highlighted some of the constitutional issues underl...



Posted: 12/28/2021 14:18:28 PM

Modified: 12/28/2021 14:18:02

My last editorial highlighted some of the constitutional issues underlying the Roe v Wade decision. I would now like to highlight different ways of approaching the controversy at the moment.

First, from an enforcement perspective: I mentioned years ago that for laws to be effective there must be a critical majority of citizens willing to obey them. There will never be enough police officers to fairly enforce unpopular laws. The constitutional amendment to the ban in 1920 did not abolish alcohol consumption; he only drove him underground, leading to a lot of criminal activity, enriching a very intelligent and unscrupulous people.

Second, from a moral perspective: The push to abolish abortions stems from a moral judgment that unborn babies are human beings with a right to life. The First Amendment to the Constitution prohibits the establishment of a religion. Passing laws to uphold the moral and religious precepts of particular religious beliefs underpins efforts to make personal and medical decisions and invades the privacy of women and girls, potentially putting their lives at risk. Nothing in the law prevents a person from making the decision not to have an abortion; what anti-abortionists try to do is deny others the same right in cases where they have no legal interest.

From a third point of view: There is no comparable situation in medical practice that affects everyone, including men. The closest comparison would be a situation where a person could be forced to make a potentially dangerous medical decision for themselves in order to save another person’s life. Suppose a person with an identical twin needs a kidney transplant. A twin is the ideal donor and a person can only live with one kidney. Should the healthy twin be forced to donate a kidney against their will? There is no recognized right to life at someone else’s expense.

Finally, I would like to underline what everyone knows. Pregnancy can occur in children as young as 11 years old before they have fully matured physically or emotionally. This can have a serious negative impact for the rest of their life, even putting their lives in danger. In addition, since a child is not legally of age to consent to sex, the pregnancy is most likely the result of rape.

Judges are required to take constitutional language into account when making their decision. However, it will be very interesting to see whether the majority decision reflects a unified approach to interpreting the Constitution, or whether, having made a personal judgment, the judges will seek powerfully to find a justification in the language of the Constitution for the decision. that they decided.

Judith Truesdell lives in Shelburne.



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Newsrust - US Top News: The Recorder - My Turn: Constitutional Questions Underlying Roe v Wade Decision
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