Legally: Doesn't matter, there's no way to objectively interpret the law and trying to is stupid, judges should only rule based on what's morally right
Morally: Fantastic
Hard agree here. It doesn't make sense to pretend that there's an objective way to interpret something inherently subjective.
Ok name me where in the constitution does it mention abortion at all . It’s clear just clear that it’s a 10th amendment issue and the states have the power to decide
It was decided as an issue of privacy, which is honestly a fair decision. It also doesn't say in the constitution that states have the right to ban reproductive healthcare.
Uh that’s not what the 10th amendment says ,
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The constitution does not give the US Government the power to makes laws on abortion and doesn’t mention anywhere that states have the right to ban it .
Don't forget about the 9th Amendment:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
It rarely makes an appearance in constitutional law but I'm rather astonished that it wasn't used to justify the
Roe outcome. Jack Kevorkian cited it all the time to justify his right to practice euthanasia, although obviously with abortion being as complex as it is, the amendment would still fail to address dissenting arguments.
EDIT: Actually, it was considered in the
Roe arguments:
Since Griswold, some judges have tried to use the Ninth Amendment to justify judicially enforcing rights that are not enumerated. For example, the District Court that heard the case of Roe v. Wade ruled in favor of a "Ninth Amendment right to choose to have an abortion," although it stressed that the right was "not unqualified or unfettered."[10] However, Justice William O. Douglas rejected that view; Douglas wrote that "The Ninth Amendment obviously does not create federally enforceable rights." See Doe v. Bolton (1973). Douglas joined the majority opinion of the U.S. Supreme Court in Roe, which stated that a federally enforceable right to privacy, "whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."[11]
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