Would a compulsory abortion law be constitutional? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 28, 2024, 06:13:53 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Politics
  Individual Politics (Moderator: The Dowager Mod)
  Would a compulsory abortion law be constitutional? (search mode)
Pages: [1]
Poll
Question: Would a compulsory abortion law be constitutional?
#1
Constitutional (Roe supporter)
 
#2
Unconstitutional (Roe supporter)
 
#3
Constitutional (Dobbs supporter)
 
#4
Unconstitutional (Dobbs supporter)
 
Show Pie Chart
Partisan results

Total Voters: 49

Author Topic: Would a compulsory abortion law be constitutional?  (Read 653 times)
🐒Gods of Prosperity🔱🐲💸
shua
Atlas Star
*****
Posts: 25,687
Nepal


Political Matrix
E: 1.29, S: -0.70

WWW
« on: June 29, 2022, 11:30:25 PM »
« edited: June 29, 2022, 11:43:36 PM by 🐒Gods of Prosperity🔱🐲💸 »

No.  It's clearly against the traditions and understanding of natural law which undergird the Constitutional order. If there would ever a place for a Ninth Amendment decision this would be it.  Additionally:

If it's done in a discriminatory manner toward either parent or child, it's an Equal Protection violation.
If it's done in response to a crime, it's a No Cruel and Unusual Punishment violation.
If it's not done in response to a crime, it's a Due Process violation.
In cases where it's against someone's religious or similar moral convictions, it's becomes a Free Exercise issue.

Could be considered a legitimate penumbra (if you believe in those) more than a supposed right to an abortion ever was.

Also there's an decent argument for considering a fetus to be a person under the 14th amendment. It's one thing for a state to be agnostic or nuanced on this question, it's another to declare the unborn has no rights. There may be various limits and competing interests and prudential considerations which prevent abortion to be generally treated the same as murder, but at the very least the state should be prohibited from acting with intent to harm fetal life.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.018 seconds with 14 queries.