Quote:
Originally Posted by whitev70r
Aren't they just saying that an abortion is not a constitutional right? So as with many of these moral issues, they are forcing the legislatures to make it into a law to permit abortion so that it is crystal clear.
If you leave it to the Supreme Court to interpret whether an abortion is a constitutional right, this is exactly what will happen ... if you get a conservative majority = no, not a constitutional right. Liberal majority = yes, it is a constitutional right. Flip flops depending on whether Rep or Dems put more judges in the Supreme Court.
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The Roe v Wade doesn't make a determination whether abortion itself is a constitutional right or not.
In that case the constitutional right in question is the right to privacy, and that outlawing abortions infringes on those rights to privacy. And that was what the ruling was about back then.
For abortion to be constitutionally protected, it must be made law through through the US's parliamentary process. Once it's law and amended to the constitution, it would become very difficult to be repealed by a future government.
Canada is actually in a situation where we have no laws governing abortion, neither providing a right to accessing them nor restricting access to them. Mulroney's government back in 1988 tried introducing new laws surrounding them, but they were defeated, in the Senate of all places.