There's also the major premise, the central plank: that there is an expectation of privacy between patient and doctor that the government cannot intrude upon…
Yet ObamaCare requires government involvement in that relationship, imposing itself into the heart of that matter.
I would so love to see a case that forced the USSC to choose: abortion xor socialized medicine.
(I would love to see the terror and running-around...)
Ah, but Roe has that covered. The ruling is so internally inconsistent that it allows ultimate invasion of privacy even while claiming its decision is in SUPPORT of privacy.
For instance, Roe affirms that government DOES have a legitimate concern for “potential life”. It uses that so it can redefine conceived lives as merely “potential life”. But in redefiniing fetuses as “potential life” and then saying that is their business, they are effectually saying that sperm and ova are their business because they are “potential life”. ANYTHING about a person’s health can be the government’s business because it involves “potential life”. If I have some health condition that could affect my ability to conceive, for instance, it would - because of Roe - be the government’s business because it affects “potential life”.
And the precedent they used in order to come up with this conclusion was a case where it was decided that the government could not forbid a married couple from using birth control - because it wasn’t the government’s business. From that they came up with permission for conceived children to be killed but the government to have the right to poke its nose into “potential life” - which can include ANYTHING health-related.
Roe has got to be one of the worst decisions ever made by SCOTUS.