The United States Supreme Court should uphold laws that prohibit abortion – Part 1

The United States Supreme Court should uphold laws that prohibit abortion, even though the United States Supreme Court had legalized abortion-on-demand during all nine months of pregnancy for any reason in the United States, because laws that prohibit abortion protect the right to life of unborn children, which should have never been taken away in the first place, and also because the government has other legitimate interests that justify the prohibition of abortion. In fact, the United States Supreme Court has already decided that “the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child” in the Planned Parenthood v. Casey case, and these legitimate governmental interests would be furthered by laws that prohibit or regulate abortion procedures. Additionally, our founding fathers clearly intended for the constitutionally guaranteed right to life to extend to unborn children and did not intend to restrict the right to life to persons who have been born, and this position can be found in James Wilson’s Lectures on Law and William Blackstone’s Commentaries.

Despite the common argument that the Roe v. Wade ruling should not be reversed under the principle of stare decisis, the United States Supreme Court has already reversed prior United States Supreme Court rulings in cases involving federal constitutional law on matters other than abortion, and as such should reverse the Roe v. Wade decision if laws that prohibit abortion are permissible under the United States Constitution. If laws that prohibit abortion are indeed constitutionally permissible in the United States, then the United States Supreme Court should never have legalized abortion through the Roe v. Wade decision because Roe v. Wade was decided on the premise that laws that prohibit abortion are not constitutionally permissible under the United States Constitution. Furthermore, justices of the United States Supreme Court should not be blindly opposed to reversing the Roe v. Wade decision, and should be willing to do so if the United States Supreme Court determines that the prohibition of abortion is permissible under the existing provisions of the United States Constitution or if an amendment to the United States Constitution that allows the prohibition of abortion is ratified.

In order to answer the question of whether laws prohibiting abortion are constitutionally permissible under the United States Constitution, one needs to understand where our founding fathers and the authors of the 14th Amendment stood on the right to life of unborn children. First, our founding fathers said in the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Second, our founding fathers clearly intended for the right to life to extend to unborn children, and James Wilson, one of the founding fathers who signed both the Declaration of Independence and the United States Constitution, will say the following in his Lectures on Law: “With consistency, beautiful and undeviating, human life from its commencement to its close, is protected by the common law. In the contemplation of law, life begins when the infant is first able to stir in the womb.” Third, both the 5th and 14th Amendments to the United States Constitution state that no person shall be “deprived of life, liberty, or property, without due process of law.” Fourth, at least 20 states had laws prohibiting abortion that were enacted prior to the ratification of the 14th Amendment and that remained in effect until the Roe v. Wade decision on January 22, 1973, and the 14th Amendment was never intended to affect these laws. Finally, the United States Supreme Court incorrectly decided that the right to life did not extend to unborn children in the final decision of the Roe v. Wade decision, even though our founding fathers clearly intended for the right to life to extend to unborn children and even though the 14th Amendment was not intended to affect laws that prohibited abortion.

Even though United States Supreme Court Justice Harry Blackmun stated that “We need not resolve the difficult question of when life begins” in the Roe v. Wade decision, the United States Supreme Court has already made admissions that imply that human life begins prior to birth and that human life has already begun at the stages of pregnancy at which abortions are performed in cases involving the issue of abortion.  In fact, Justice Blackmun himself will admit in Colautti v. Franklin that abortion “result[s] in the death of the fetus,” and Justice Lewis Powell, who also supported the Roe v. Wade and Doe v. Bolton decisions, will also admit the same in Simopoulos v. Virginia. Additionally, Justice Potter Stewart, another supporter of both the Roe v. Wade and Doe v. Bolton decisions, will admit that “abortion is inherently different from other medical procedures, because no other procedure involves the purposeful termination of a potential life” in the Harris v. McRae Supreme Court decision. Furthermore, the United States Supreme Court had referred to the “life of the fetus that may become a child” as life in the Planned Parenthood v. Casey decision. Finally, Justice Antonin Scalia will admit that abortion involves the “killing [of] a human child” in the Stenburg v. Carhart case.

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