Quote:
|
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.
|
And as a result of Roe V Wade, many states now do have laws legalizing abortion in place and assuring it's accessability as the public health issue that it is.
So even if Roe V Wade where eliminated, there is no legal basis for those laws that occured as a result of the social shift the case caused to change. They are not dependent on that case for their legality, but rather where passed to affirm Roe V Wade.
There is nothing unconstitutional about laws that the case caused as a result that affirmed it by legalizing it's availibility in states, and if those that dislike Roe v Wade could have it overturned, that would not make any abortion law in any state in violation of the federal or state constitutions. They would still stand and abortions would still be available for women who want a choice.
Also, as long as any state has an abortion availibility law, consenting adults may cross state lines to get them. Why? Because you cannot interfer with interstate commerce. Also, we the people have adopted laws to protect us from being prevented from having medical care. Those laws do not allow any public or private entity to limit our movement to seek valid medical care.
Quite interesting that the judicial activism came before the laws, but the laws have grown to support it and affirm it's legality.