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Originally Posted by alansmithee
This is also done for murder, rape, assault, drunk driving, battery, fraud, forgery, etc. etc. etc. These are all illegal for "moral principles".
As for abortion being a "freedom", nowhere in the constitiution does it say a woman has the right to kill her unborn child.
Judicial activism is when a judge goes outide of the law to rule in a way that they feel is best, despite there being no sound legal basis. Roe v. Wade is a textbook case of this. As I said before in another thread, there's nothing wrong with a judge writing in their opinion that they feel a law should be changed, but it should be left to the legislature, and not the judge making some specious legal argument for rewriting a law or the constitution.
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Knew someone would use the first paragraph as an argument. Murder, rape, theft etc. affect other people and those laws are not. Nor do we have judges determinig if they are legal or illegal, nor are they federal crimes (under normal circumstances, they are state.
Abortion, agree or disagree philosophically, pretty much affects only her and she will have one if she wants one, (falling downstairs, pill overdose, hack doctors etc.). I do not agree with abortion but it is up to local governments and communities to decide. An overturning would just make it a federal crime and then what? We put women in prison who "accidently" fall downstairs or pill od?
No matter how you slice it, it is still legislating and disallowing the people in communities to run their own localities.