General Discussion
In reply to the discussion: What is the actual issue in reversing Roe v Wade? Is it murder? Help me out here. [View all]onenote
(46,098 posts)addressed in any of the posts?
If that's what you're asking, the answer in a nutshell is as follows: first, the majority concluded that the right to an abortion is not a "fundamental constitutional right," rejecting the legal analysis applied in Roe and Casey, which relied principally on cases finding substantive rights in the due process clause. Second, having rejected the precedents finding that a woman's right to an abortion is a fundamental right protected by the Constitution, the Court applied the "rational basis" test that it uses generally to determine whether a legislative act is a legitimate exercise of the state's regulatory power. The Court concluded that in such a case, the Court is required to give deference to and not substitute its own judgment for that of the state provided that there is a "rational basis" for the government's action. The Court found such rational basis in the Mississippi's asserted interest in the protection of maternal health and safety; the elimination of particularly gruesome or barbaric medical procedures; the preservation of the integrity of the medical profession; the mitigation of fetal pain; and the prevention of discrimination on the basis of race, sex, or disability." As indicated the Court simply accepted these asserted interests as legitimate and consistent with a complete ban on abortion except "in a medical emergency or in the case of a severe fetal abnormality."
It doesn't mean abortion is "murder" or "manslaughter" or any other specific crime unless a state decides to make it so.
And just so there is no mistake about my views, I think the majority's analysis of the constitution and its rational interest analysis in Dobbs were fundamentally flawed.