Abortion: a state’s rights issue

“Federalism also diffuses conflict and promotes harmony.  A strong proponant of the death penalty can live in Texas, which has the most active execution chamber, and not care much that New Jersey has just abolished the punishment. Individuals with widely divergent beliefs are able to coexist in the same country because of the diversity and tolerance federalism promotes.” Mark Levin/Liberty and Tyranny

Substitute the word abortion for ‘death penalty’ and this is exactly why abortion should never have been taken from the states to decide. Abortion should be a state’s rights decision and not a governmental edict. The Supreme Court, with Justice Blackmun leading the charge, created this policy. It can’t be called a law because Congress nor THE people ever voted on this.

A woman in Texas was forbidden by law from having an abortion on demand. At the time the law in Texas allowed abortion only “by medical advice for the purpose of saving the life of the mother.” And of course, her life was not in danger. This case gave the SCOTUS an extraordinary moment in history.

Blackmun made policy by establishing which trimester a fetus was protected under the Constitution. In other words, he determined when a fetus became a human being – although many and the state of Texas believed that at the moment of conception it is a human being –  and therefore, when it was provided rights and protection under the state.“Blackmun specifically declared that the unborn child was not a ‘person’ under the fourteenth amendment and thus, had no equal protection rights.” Mark Levin/Men in Black

This is how more absurd it got: “Blackmun constructed a hyper-technical analysis to break down the rights of the mother and the state. In the first trimester, the decision to abort must be left up to the mother’s physician. In the second trimester, the state may regulate abortion procedures to promote its interest in the mother’s health. In the third trimester, in the interest of protecting the unborn child, the state can regulate and even ban abortion, except where, by medical judgment, it is necessary to preserve the mother’s life or health.” Men in Black

And keep in mind Blackmun was not talking about the ‘state’ of Texas. He was talking about the federal government when he used the word ‘state.’

“To be true to its constitutional role, the Supreme Court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists.” Men in Black

The result is that the justices impose their own personal theories and biases on issues that the constitution does not address and is outside their purview.

The right  – or not – to abortion should be the people’s decision. It’s a morality issue and therefore has no place in the courts. It should be struck down and given back to the states and their citizens to decide. This is an issue that does not find cover under the invisible “right to privacy” which does not even exist in the Constitution.

The Supreme Court has become a legislative body by the de facto creation of policies.  And unfortunately we have president who plans to continue to appoint policy making justices.

Lest we forget: