Dox47 wrote:
Descartes wrote:
Why do you think leaving the issue to the states is better in the long run?
It's been festering for close to 50 years now because the Supreme Court swooped in and invented a right that wasn't actually in the Constitution, when it should have been a narrow ruling and been allowed to play out in state law. It's been legally precarious all these years because of the tenuous law it was based on, and so if Roe falls and the states are allowed to do what they want, Federalism will be allowed to work, people may move based on it, and if enough people think it's important enough, we might someday get an actual amendment properly protecting abortion, or not, but it's not going to be the quick fix bandaid on a bullet hole that Roe was.
There are quite a few states that will never legalize abortion, though. What should people in those states do, then? Simply driving across state lines to access abortion care is not a possibility for a lot of people.
I'm not a lawyer or constitutional expert, but if I recall correctly, there is a due process clause in the 14th amendment that is understood to protect people's privacy, which includes the decision to have an abortion, access contraceptives, have consensual sex with another adult, etc. If Roe falls, I'm concerned that all those other rights I've mentioned will be next on the chopping block.
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What fresh hell is this?