06-24-2022, 07:22 PM
So, I have mentioned this in a conversation before but I am with SSF on this for the most part. Hanging our hats on Roe was a doomed thing. The ruling was on shaky grounds. However, I believe there is a strong constitutional argument to be made. From my understanding, the issue of personhood has still not been decided with this decision. Personhood is still determined by viability based on precedent that hasn't been upended with this decision. If personhood is still understood to be at viability, this raises a 5th Amendment question with regards to liberty, as limiting abortion prior to viability restricts the liberty of a pregnant individual without due process under the law. With the 14th Amendment, this would also be a restriction on the states.
This is a different angle than has been used previously on abortion cases and rests on a base civil liberty, that of individual liberty. This means that questions of abortion should fall under strict scrutiny.
This is a different angle than has been used previously on abortion cases and rests on a base civil liberty, that of individual liberty. This means that questions of abortion should fall under strict scrutiny.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
