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dlk

(11,438 posts)
Sat May 25, 2019, 09:39 AM May 2019

The New Abortion Laws Would Grant Government the Authority to Enforce Abortions

Prohibit or enforce abortions—it’s the same authority. I wonder if the lawmakers, in their rush to pass these draconian laws, have bothered to consider that fact.

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The New Abortion Laws Would Grant Government the Authority to Enforce Abortions (Original Post) dlk May 2019 OP
Please explain Bayard May 2019 #1
Not sure if this is what the OP means exactly yewberry May 2019 #4
State or Federal authority? MiniMe May 2019 #2
The legislative authority to regulate abortions, whether at the state or federal level is the same.. dlk May 2019 #3

yewberry

(6,530 posts)
4. Not sure if this is what the OP means exactly
Sat May 25, 2019, 06:43 PM
May 2019

but if the issue is Roe v Wade, I think I know where this is coming from. The new laws are all meant to create a Supreme Court challenge to Roe.

The way the decision has worked is that it has disallowed a variety of restrictions against abortion. However, that's not really what the decision says. The Roe v Wade ruling essentially said that the Due Process clause of the 14th Amendment guarantees a fundamental right to privacy that protects a pregnant person's liberty to decide whether or not to have an abortion.

If Roe is reversed, the liberty to make that decision is no longer valid. So, who has the authority to decide whether someone can choose to abort or carry to term? The state. Theoretically, then, the state would then have the right to deny an abortion and it would also have the right to require an abortion. It's the same authority.

MiniMe

(21,677 posts)
2. State or Federal authority?
Sat May 25, 2019, 11:46 AM
May 2019

Since the law only applies to the specific state, I would think you are referring to State Government?

dlk

(11,438 posts)
3. The legislative authority to regulate abortions, whether at the state or federal level is the same..
Sat May 25, 2019, 05:33 PM
May 2019

If the government has that specific authority it can go either way, prohibit or enforce, or anything in between. It’s the same authority.

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