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To: ClearCase_guy

The court has no power to ban abortion, just as it had no power to create the “right.”

It was always within the power of the states to criminalize or regulate abortions. The federal constitution reserved to the states and the people any and all powers and right not specifically delegated to the federal government.


40 posted on 06/10/2021 11:24:54 AM PDT by Captain Jack Aubrey (There's not a moment to lose.)
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To: Captain Jack Aubrey
The court has no power to ban abortion

Actually, I would tend to agree. The Constitution doesn't mention medical issues, so I think the Federal government ought to not play any role in medicine. Leave it to the States. If they overturn Roe v Wade and throw this back on the 50 separate states, then I think that's a big win.

However, I think the legal angle under consideration is that the 5th Amendment says "No person shall be ... deprived of life, liberty, or property, without due process of law" and the 14th Amendment says "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law"

The 14th moves back and forth between discussing "citizens" and "persons" but the key part is about "persons" and it echoes the 5th which covers due process of law. If you're not a criminal, you should be safe.

If the Supreme Court declares unborn humans to be "persons", then they WOULD have protection at the federal level.

41 posted on 06/10/2021 11:34:59 AM PDT by ClearCase_guy ("I see you did something -- why you so racist?")
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