In the aftermath of the Supreme Court’s decision to overturn Roe v Wade and send the legality of abortion back to state legislators, conservatives around the country rejoiced. This was a step in the right direction, they said.
During a recent interview on The Big Brown Gadfly with Bobby Lopez, we discussed about how this was not a step in the right direction, but actually a dereliction of duty by the Supreme Court.
Abortion is not a states rights issue. It never was, just as murder is not a states rights issue. In fact, abortion is murder. According to the US Constitution, all human beings have a right to life and that right is given to us by God. If the right is given to us by God, then no government can take that right away.
In no other Constitutional Right would conservatives claim that its enforcement is up to each state. Whether you have the right to Free Speech should not be up to each state, that’s the role of the federal government to protect. Same for the right to bear arms, the right to worship God as we see fit, and our right to privacy.
So when the Supreme Court kicks abortion back to the states, it’s punting on defining who has the Constitutional Right to life. That’s a dangerous precedent. Think about it: If the states can decide who has the right to life, can they decide that YOU as a Christian or a Conservative do not have the right to live? Or, could the states decide that you, for whatever reason they deem, decide that you no longer have the right to free speech?
So when we look at the Supreme Court’s decision to overturn Roe v Wade, we can rejoice in the small win that abortion is no longer considered a Constitutional Right (which it never was). The answer, however, is not what SCOTUS provided us.
According to the Dobbs decision, “Our opinion is not based on any views about if and when prenatal life is entitled to any of the rights enjoyed after birth.” If the Supreme Court can’t decide whether a baby in the womb has Constitutional Rights, its decision is a de-facto decision that life begins at birth. Their refusal to define when life begins leaves the question of who has any rights up in the air.
It was not a pro-life win… it never was.
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