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Originally Posted by Mojo_PeiPei
So abortion was legislated by the congress at the behest of the people? Also please show me where the FF and their original intent protect things such as abortion or gay marriage, those have both been issues legislated by the bench. The whole doctrine of separation of church and state is created by the judiciary, it has zero mention in any of the founding documents or the constitution, yet it is worshipped as gospel by liberals and their policy hawks behind the bench. Hell the whole "right to privacy" notion didn't come about until 100 years after the founding of our country, no where is it mentioned in the constitution, however in Griswold v. Conn. all the court needed do was state that it was "implied". You are a few hamburgers short of a value meal if you don't think the judiciary can and doesn't legislate from the bench, and I'm not even limiting it to pissed off conservatives.
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These issues are not being legislated from the bench. They are being interpreted from the bench. There are no constitutional level laws that forbid abortion, thus we must allow it. There are no constitutional level laws that forbid gay marriage, thus, one day we will have to allow it. (Equal protection clause)
The Supreme Court of the United States decided that states could regulate abortions only in certain circumstances but otherwise women did have a right to privacy and reproductive autonomy.
The Supreme Court based their decision on the most clear and simple wording that our first legislative body, the continental congress, has ever written. The right to self autonomy, the protection of
life, and the pursuit of happiness.
The SC based their decision on what our highest laws of the time said. If the anti-abortion crowd doesn't like it they have to redefine "life" to include a zygote from conception. A zygote is not specifically excluded, but it is not included either. The SC was required to interpret the laws as best they could and they DID.
There is as of yet no constitutional law that can challenge the constitutional interpretationof Roe V. Wade.
You anti-abortionists have to get legislators elected who will get this written into the constitution.
Stop the complaining that the Bench is legislating, especially in this case, because it was not. It is interpreting and that is their right and duty.