Supreme Court To Decide Whether To Wade Into Thorny Abortion Issue

[Panich52]

National Memo

Supreme Court To Decide Whether To Wade Into Thorny Abortion Issue

The Supreme Court faces a decision soon on whether to dive back into the contentious issue of abortion and consider allowing states to enforce new, stricter laws.

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http://link.nationalmemo.com/5390d3d3dd52b8141a0aafe52o1ma.tln/VWxQU0mOZ9OFij33A37f4

x p Pro-choice

[Novara]

1. Sure, they want to do it now while 6 of 9 SCOTUS justices are Catholic

Ruth Bader Ginsburg objects to the basis of Roe v Wade.

<snip>

"Roe isn't really about the woman's choice, is it?" the Clinton-appointed justice said last May at the University of Chicago Law School. "It's about the doctor's freedom to practice ... it wasn't woman-centered, it was physician-centered."

Her pique is that the Roe opinion, written by Justice Harry Blackmun, relies on a "right of privacy" under the 4th Amendment and emphasizes the right of physicians to practice medicine as they see fit. She prefers that abortion rights be recognized under the equal protection clause of the 14th Amendment, based on the view that having a child should be a woman's choice.

She thinks it should have been settled based on the 14th Amendment rather than the 4th. I agree with her. However, this current court isn't likely to uphold a woman's right to choose unless they shift the focus to the 14th Amendment, but as we've seen in previous cases, this court isn't likely to use that as its basis, not unless a case comes to them specifically on a violation on the 14th Amendment. And the sad thing is, we're probably less likely to get there when RGB retires. I don't think there ever will be another SCOTUS justice as liberal as she is.