General Discussion
In reply to the discussion: Please answer this question "yes" or "no." [View all]dmallind
(10,437 posts)The only thing an answer here shows is that a "yes" indicates an absolute litmus test not even for being pro-choice, but for insisting that abortion in and of itself is constitutionally guaranteed. There is both a basic and an auxiliiary problem with that.
Basic: the right to an abortion is not per se guaranteed by the constitution. It is instead a right which is in reality outside it (like the right to have a tooth pulled) and in case law inherent in the right to privacy (you can have whatever bona fide medical procedure you want without the government sticking its nose in).
Auxilliary: litmus tests on single issues that are tangential to jurisprudence (as opposed to an overall approach) are a sign of shallow thinking. I would certainly expect any nominee I'd support to resist any erosion to choice, but not because they think abortion is in the constitution itself; rather I would prefer one who thought the two had almost nothing to do with each other.