Would a compulsory abortion law be constitutional? (user search)
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  Would a compulsory abortion law be constitutional? (search mode)
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Question: Would a compulsory abortion law be constitutional?
#1
Constitutional (Roe supporter)
 
#2
Unconstitutional (Roe supporter)
 
#3
Constitutional (Dobbs supporter)
 
#4
Unconstitutional (Dobbs supporter)
 
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Partisan results

Total Voters: 49

Author Topic: Would a compulsory abortion law be constitutional?  (Read 664 times)
Alcibiades
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Posts: 3,874
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E: -4.39, S: -6.96

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« on: June 29, 2022, 12:11:36 PM »
« edited: June 29, 2022, 01:28:58 PM by America Needs Dionysus »

I’m talking about a hypothetical law which would mandate pregnant women receive abortions in certain circumstances; perhaps, for instance, if the state deems the woman unfit or unable to be a mother, or if the child is likely to have a very low quality of life if born.

As a supporter of Roe, and someone who regards Dobbs as an abomination of jurisprudence, the answer to me is pretty clear: such a law would be unconstitutional, as it would violate the right to privacy/personal autonomy contained within the due process clause.

However, if you happen to think that the court’s legal judgement in Dobbs was correct, I do not see how you could logically think the courts could have any constitutional basis to strike down a mandated abortion law, as evidently you do not believe the Constitution contains any rights protections to the contrary. I think how those folks answer will be fairly revealing as to their true motives for supporting the striking down of Roe
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Alcibiades
YaBB God
*****
Posts: 3,874
United Kingdom


Political Matrix
E: -4.39, S: -6.96

P P
« Reply #1 on: June 29, 2022, 06:01:51 PM »

Unconstitutional (Dobbs supporter)

There is a more fundamental liberty interest implicated by forced abortions since they necessarily contain an element of physical force and/or restraint. 

Dobbs is also pretty clear that it isn't denying the existence of substantive due process rights or a more specific substantive due process right to privacy; the fundamental error in Roe was extending such a right to include abortion without any constitutional rationale (i.e., that abortion was "deeply rooted" in our nation's history and traditions.) 

What about if the law was not literally pinning women down to a table and giving them an abortion, but fining or imprisoning them if they did not voluntarily submit to the procedure?
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Alcibiades
YaBB God
*****
Posts: 3,874
United Kingdom


Political Matrix
E: -4.39, S: -6.96

P P
« Reply #2 on: June 30, 2022, 11:31:25 AM »

Apart from everything else, this is a pretty clear First Amendment/freedom of religion question

Many Jews interpret their scripture as encouraging, even mandating, abortion in certain situations (chiefly in cases of a threat to the health of the mother) — indeed, several Jewish groups are currently challenging Dobbs on First Amendment religious freedom grounds. Why does freedom of religion not apply there?
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