Reasons why Roe v. Wade and Doe v. Bolton should be reversed

While there are some individuals that believe that a woman should still have a constitutionally guaranteed right to abortion, the Roe v. Wade and Doe v. Bolton decisions should both be reversed for the following reasons:

  • The United States Supreme Court was inconsistent on its answers to various legal questions relevant to the abortion issue in the Roe v. Wade and Doe v. Bolton decisions.
  • The United States Supreme Court should not refuse to reverse the Roe v. Wade and Doe v. Bolton decisions, despite the United States Supreme Court deciding that “Roe’s essential holding should be reaffirmed” in the Planned Parenthood v. Casey case, for various reasons, including but not limited to the failure to properly address inconsistencies of both of these decisions, reliance on false statements in both of these cases, misinterpretation of the United States Constitution in both of these cases, and violations of the plaintiff’s rights in the Doe v. Bolton case.
  • The United States Supreme Court has already reversed prior decisions involving federal constitutional law, and as such should reverse Roe v. Wade and Doe v. Bolton if the United States Constitution actually allows the prohibition of abortion in the United States.
  • The Roe v. Wade and Doe v. Bolton decisions have deprived unborn children of the right to life prior to birth by concluding that unborn children are not legally considered to be persons prior to birth in Roe v. Wade and by allowing unborn children to be killed prior to birth through legal abortion.
  • Our founding fathers clearly intended for the right to life to extend to unborn children prior to birth, and the intent of our founding fathers can be found in James Wilson’s Lectures on Law and William Blackstone’s Commentaries.
  • Abortion was illegal in most states at the time that the 14th Amendment to the United States Constitution was ratified, and the 14th Amendment was never intended to prevent states from prohibiting abortion.
  • The Doe v. Bolton case should never have been heard by the United States District Court for the Northern District of Georgia or by the United States Supreme Court because the Doe v. Bolton case was filed against the will of the alleged plaintiff, because the attorney representing the plaintiff misrepresented the facts of the plaintiff’s pregnancy, and because the alleged plaintiff was denied the right to get her true story across before the United States Supreme Court.
  • The United States Supreme Court found various requirements imposed on abortions in Georgia prior to Doe v. Bolton to be unconstitutional in Doe v. Bolton, including the requirement that abortions be performed in accredited hospitals, including the requirement that an abortion be approved by a hospital committee, and including the requirement that an abortion be approved by at least two other doctors.
  • While the United States Supreme Court found the procedural restrictions to be unconstitutional in Doe v. Bolton on the grounds that these restrictions “unduly infringes on [the] physician’s right to practice [medicine],” procedural restrictions on abortion do not become unconstitutional on the grounds that they restrict a physician’s right to practice medicine because these laws restrict rights that are afforded only to licensed physicians, because the right of a licensed physician to practice medicine is not a constitutionally guaranteed right, and because the United States Supreme Court has consistently upheld in later decisions that states can restrict abortion to physicians who are licensed to practice medicine.
  • The United States Supreme Court was wrong in declaring the procedural restrictions to be unconstitutional in Doe v. Bolton because the rights of a pregnant woman are not always adequately safeguarded by an abortionist, because the procedural restrictions that were declared unconstitutional in Doe v. Bolton actually do have a rational connection with a pregnant woman’s needs in some cases, because the United States Supreme Court found abortion to be fundamentally different from other medical procedures in Roe v. Wade and Harris v. McRae, and because the procedural restrictions do protect both pregnant women and unborn children from unnecessary abortions.
  • In the Doe v. Bolton decision, the United States Supreme Court had effectively enabled abortion on demand to be legal for any reason during all nine months of pregnancy by broadly defining health of the mother as “all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the wellbeing of the patient.”
  • The United States Supreme Court imposed the requirement that abortion be legal “where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother” during all nine months of pregnancy in the Roe v. Wade decision, even after viability.
  • The United States Supreme Court was clearly wrong in concluding that the United States Constitution requires that abortion be legal “where necessary for the preservation of the health of the mother” because the United States Constitution does not even mention health of the mother or a right to health-preserving measures, because the United States Constitution does not distinguish between abortions that are “necessary for the preservation of the health of the mother” and abortions that are not “necessary for the preservation of the health of the mother”, and because the United States Supreme Court based this requirement on the existence of health exceptions in abortion statutes that were declared unconstitutional in Roe v. Wade and Doe v. Bolton.
  • Even though the United States Supreme Court found that a woman has a right to decide “whether to bear or beget a child” and that this right is fundamental in the Roe v. Wade and Doe v. Bolton decisions, there are many constitutionally permissible restrictions of this right, including but not limited to the prohibition of statutory rape, the prohibition of incestuous sexual relations, and restrictions on assisted reproductive procedures such as IVF and artificial insemination.
  • The prohibition of abortion usually does not deprive women who are or who have been pregnant of the ability to decide whether to bear additional children because women are usually able to avoid becoming pregnant again by choosing to completely abstain from sexual relations.
  • Although Justice Harry Blackmun did not agree that a pregnant woman “is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses” in Roe v. Wade and although Chief Justice Warren Burger said that “the Court today rejects any claim that the Constitution requires abortions on demand,” the Roe v. Wade decision explicitly required abortion-on-demand during the first trimester of pregnancy and effectively required abortion-on-demand during all nine months of pregnancy.
  • While the United States Supreme Court found that laws prohibiting abortion to be unconstitutional on the grounds that these laws violated the privacy of pregnant women, the United States Supreme Court also decided in Roe v. Wade and Doe v. Bolton that a pregnant woman’s right to privacy is not absolute and that a pregnant woman’s right to privacy is only protected against unwarranted governmental intrusion.
  • The fact that a pregnant woman has a right to privacy is not sufficient to make laws prohibiting abortion unconstitutional, even if the prohibition of abortion intrudes upon the woman’s right to privacy, because the intrusion into the privacy of a pregnant woman is clearly warranted when it comes to prohibiting abortion since abortion inherently involves the killing of an unborn human being and because the government has a compelling interest in protecting the life of an unborn human being.
  • Even though every person has a constitutionally guaranteed right to liberty under the 5th and 14th Amendments to the United States Constitution, there are many restrictions on an individual’s right to liberty that are constitutionally permissible in the United States.
  • A pregnant woman’s right to liberty does not necessarily make laws prohibiting abortion unconstitutional, even if the liberty of a pregnant woman is restricted by such laws, because the state has legitimate governmental interests that justify prohibiting abortions, because laws that restrict the liberty of an individual are sometimes constitutionally permissible, and because the right to liberty in the 14th Amendment was not intended to prevent the prohibition of abortion.
  • Although the United States Supreme Court declared laws prohibiting abortion to be unconstitutional, the United States Supreme Court did not have sufficient grounds to declare laws prohibiting abortion unconstitutional because the constitutional rights that were the basis for a woman’s right to an abortion, including a woman’s right to privacy and liberty, are subject to reasonable restrictions by the government.
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What American voters must know regarding the abortion issue

With the 2016 elections less than 11 months away, American voters must know the following regarding the abortion issue:

  • Abortion on demand is legal for any reason during all 9 months of pregnancy in the United States because of the Roe v. Wade and Doe v. Bolton decisions.
  • Most of the abortions performed in the United States are performed by providers who are primarily in the business of performing abortions.
  • Approximately 1 million abortions are performed in the United States every year, and the vast majority of these abortions are performed primarily for the purposes of ending the life of an unborn child who is unwanted by the mother.
  • Most of the abortions in the United States are performed on healthy women who would still be in good health if they had chosen to carry the pregnancy to term and had the child born alive.
  • The business model of abortion providers is based on maximizing profits, maximizing the number of abortions performed, and performing abortions on demand for any reason, and as such are willing to cut corners on patient safety or on conditions at abortion clinics in order to increase the number of abortions and increase its profits.
  • The abortion industry opposes restrictions on abortion that are considered to be reasonable by the majority of Americans on the grounds that these regulations would hurt the bottom line of abortion providers, that these restrictions would lead to the closure of legitimate abortion clinics, that some women would lose access to legal abortion, and that the abortion providers consider the restrictions to be unnecessary.
  • The abortion providers that perform late-term abortions want abortion-on-demand to remain legal after viability for reasons other than the preservation of the life or health of the mother, including but not limited to the ability to harvest fetal body parts from aborted fetuses, the ability to perform additional abortions, and the ability to make additional profit.
  • Many of the women who are in crisis pregnancies would choose to carry a pregnancy to term if they had access to prenatal medical care, if they had the material and emotional support needed to carry their pregnancies to term, and if they are given the support needed to either raise the child or to give up the child for adoption.
  • Even though abortion rights supporters often argue that women would resort to illegal back-alley abortions if abortion is outlawed, most of the women who are in crisis pregnancies would be unwilling to seek an illegal abortion if abortion becomes illegal again.
  • Infanticide of babies who are unwanted by their mothers is still happening in the United States, even with abortion on demand legal during all nine months of pregnancy in the United States.
  • It is possible to reduce the demand for illegal abortions if abortion is outlawed by improving access to pro-life professional counseling, pro-life prenatal medical care, adoption placement services, and material assistance to women who are in crisis pregnancies.
  • Even though the abortion industry, abortion rights organizations, and pro-abortion politicians often claim that abortion is usually a safe medical procedure, there have been at least 30 documented botched abortion incidents at 19 different abortion clinics where the patient had to be rushed to the emergency room in 2015.
  • Since Roe v. Wade has been legalized in the United States, there have been over 400 women who died from legal abortions, many women have suffered bodily injuries and emotional harm from legal abortions, and over 57 million unborn children have been killed as a result of legal abortion.
  • While it is perfectly understandable that a woman who becomes pregnant as a result of rape or incest should not have to suffer being pregnant as a result of rape or incest, there should not be rape or incest exceptions in laws prohibiting abortion because an abortion of a rape-conceived or incest-conceived pregnancy still involves the killing of an unborn child, because some of the women who are pregnant as a result of rape or incest actually do not want to abort an rape-conceived or incest-conceived pregnancy, and because some of the women who carried rape-conceived or incest-conceived pregnancies to term are actually opposed to the rape and incest exceptions.
  • Unless Roe v. Wade is reversed or unless an amendment to the United States Constitution that allows states to restrict abortion is ratified, abortion providers will continue to fight laws that restrict abortion in federal courts, including appeals all the way up to the United States Supreme Court, in order to prevent closures of abortion clinics and in order to protect the bottom line of abortion providers.
  • The United States Supreme Court has already found that abortion is fundamentally different from ordinary medical procedures in the Harris v. McRae decision because abortion, unlike other medical procedures, “involves the purposeful termination of a potential life.”
  • In the Planned Parenthood v. Casey decision, the Supreme Court 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” even though the Supreme Court has not yet reversed the Roe v. Wade decision.
  • Even though there are some individuals who believe that Roe v. Wade should not be reversed, Roe v. Wade must be reversed because the U.S. Supreme Court relied on false statements made by Sarah Weddington, because the Roe v. Wade decision contains inconsistencies on the question of a pregnant woman’s right to privacy, because the 14th Amendment, which was the basis for the Roe v. Wade decision, was never intended to prevent states from prohibiting abortion, because the Roe v. Wade decision was based on assumptions that do not necessarily hold true, and because issues have arisen since the Roe v. Wade and Doe v. Bolton decisions that necessitate revisiting these two decisions.
  • The Doe v. Bolton decision, which was the companion case to Roe v. Wade, must be reversed because plaintiff Sandra Cano’s own rights were violated in Doe v. Bolton, because the conclusions of that case were based on material misrepresentations of the facts of Sandra Cano’s pregnancy by attorney Margie Pitts Hames, because Doe v. Bolton is inconsistent with the realities of the abortion industry, and because the broad definition of “health of the mother” in Doe v. Bolton had effectively legalized abortion on demand for any reason during all 9 months of pregnancy.
  • It is possible for the United States Supreme Court to have been wrong in deciding Roe v. Wade and Doe v. Bolton because these cases were decided over 100 years after the ratification of the 14th Amendment, because a woman’s right to abortion was not popular in the United States before the sexual revolution of the 1960’s, because the United States Supreme Court relied on false statements and misrepresentations of the relevant facts in these two cases, because the right to an abortion is not explicitly guaranteed by the United States Constitution, and because the 14th Amendment was never intended to prevent states from prohibiting abortion.
  • Although Roe v. Wade and Doe v. Bolton have not yet been reversed, the United States Supreme Court has already reversed prior decisions involving federal constitutional law on matters other than abortion and as such should reverse Roe v. Wade and Doe v. Bolton since these decisions were improperly decided and because the main conclusions of these two cases are inconsistent with other findings made by the United States Supreme Court in these two cases.
  • Abortion rights organizations, including but not limited to NARAL, NOW, Planned Parenthood, National Abortion Federation, Center for Reproductive Rights, and RH Reality Check, all support keeping abortion on demand legal in the United States, but the arguments being made by these organizations ignore the fact that those who oppose legalized abortion have good reasons for opposing legalized abortion.
  • Although the abortion rights organizations attempt to defend support for legal abortion, these organizations fail to give good reasons why abortion on demand should be legal for any reason during all 9 months of pregnancy.
  • Abortion deprives unborn children of the right to life, which is a universal right under the natural moral law that should never have been taken away from unborn children. The right to life of an unborn child should never have been dependent on whether or not the unborn child is wanted by his or her mother, and unborn children should have had this right legally protected regardless of the circumstances of the pregnancy and regardless of the health of the mother.

U.S. states and territories should be allowed to outlaw abortion

Even though U.S. states and territories are not currently allowed to enact outright bans on abortion because of the Roe v. Wade and Doe v. Bolton decisions, U.S. states and territories should be allowed to outlaw abortion because unborn children have a right to life that is universal, fundamental, and unalienable under natural law and because abortion by its very nature involves an attempt to bring about the death of an unborn child. In addition to depriving unborn children of the right to life, the Roe v. Wade and Doe v. Bolton decisions have led to the deaths of over 57 million unborn children, the legalization of abortion for any reason during all nine months of pregnancy in the United States, taxpayer funding of abortion in the United States, an increased willingness to end unplanned, unwanted, or unintended pregnancies through a legal abortion, an increase in the overall abortion rate in the United States following the Roe v. Wade and Doe v. Bolton decisions, and a decreased respect for human life in the United States. Outlawing abortion in the United States will protect the right to life of unborn children and will lead to an increased respect for human life in the United States.

South Dakota has recently petitioned the United States Supreme Court to revisit the Roe v. Wade decision and to have the Roe v. Wade decision overturned. Other states should follow South Dakota’s lead and support efforts to either have Roe v. Wade reversed through a United States Supreme Court decision or to enact an amendment to the United States Constitution that would allow states and territories to outlaw abortion. If enough states are willing to outlaw abortion, then it would certainly be possible to outlaw abortion in a constitutionally permissible manner in the United States because the United States Supreme Court would face pressure from states to uphold laws that prohibit abortion and also because enough states would probably be willing to ratify an amendment the United States Constitution if such is needed to allow abortion to be outlawed in the United States.

While U.S. Congress and some of the state legislatures have recently undertaken efforts to reduce the abortion rate, to defund Planned Parenthood, and to prohibit most abortions after 20 weeks post-fertilization on the grounds of fetal pain, there are a few things that are standing in the way of allowing the prohibition of abortion in U.S. states and territories. First, there are some Americans who still believe that abortion should remain legal. Second, some of the state legislatures in the United States are currently unwilling to outlaw abortion. Third, there are currently politicians in United States Congress who are opposed to prohibiting abortion. Fourth, the United States Supreme Court currently has at least four justices that are opposed to reversing the Roe v. Wade decision and a fifth justice that might uphold the Roe v. Wade decision. Fifth, there is strong opposition to laws that prohibit abortion by abortion providers. Furthermore, while most Americans do know that Roe v. Wade legalized abortion nationwide, many Americans do not fully understand what the ramifications of Roe v. Wade are. Finally, most of the Americans who still support legalized abortion have been misguided as a result of the legalization of abortion in the United States, the Roe v. Wade decision, and pro-abortion politics.

In addition to making it constitutionally possible for states and territories to outlaw abortion, pro-life politicians should also support efforts to improve access to pro-life prenatal medical care for women who are in crisis pregnancies, to ensure that children who are born as a result of crisis pregnancies are properly taken care of, to ensure that taxpayer funding is spent on providing women in crisis pregnancies with pro-life medical care instead of paying for abortions, and that former abortion industry workers can obtain good paying jobs outside of the abortion industry. These additional measures will reduce the demand for abortion in the United States and sends the positive message that pro-life politicians actually do care about the women who are in crisis pregnancies and the children who are born as a result of crisis pregnancies. There is still hope for making it constitutionally possible for states and territories to outlaw abortion if more pro-life politicians who are willing to do much more than simply outlaw abortion are elected in the United States.

“Necessary, in appropriate medical judgment, for the preservation of the life or health of the mother” does not mean the same thing as medically necessary

Even though most Americans believe that “necessary, in appropriate medical judgment, for the preservation of the life or health of the mother” means the same thing as medically necessary, an abortion that is not medically necessary can be legally considered to be “necessary, in appropriate medical judgment, for the preservation of the life or health of the mother” because the United States Supreme Court broadly defined “health of the mother” as “all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the wellbeing of the [mother]” in the Doe v. Bolton case, which is the companion case of Doe v. Bolton. The broad definition of health in the Doe v. Bolton decision, along with the requirement that abortions after viability be legal whenever they are “necessary, in appropriate medical judgment, for the preservation of the life or health of the mother,” has allowed abortion on demand to be effectively legal for any reason during all nine months of pregnancy in the United States because abortionists can legally claim that an abortion is “necessary, in appropriate medical judgment, for the preservation of the health of the mother”, even when the abortion is medically unnecessary.

There are certain criteria that have to be met in order for a medical procedure to be medically necessary, and some of the abortions that are legally considered to be “necessary, in appropriate medical judgment, for the preservation of the life or health of the mother” under the criteria set forth in the Roe v. Wade and Doe v. Bolton decisions are not considered to be medically necessary under the criteria accepted by most of the medical profession and health insurance companies. Here are the criteria that have to be met for a medical procedure to be medically necessary:

  1. The procedure must be in accordance with the generally accepted standards of medical practice.
  2. The procedure is performed for the purposes of preventing the death of the patient or preventing, diagnosing, or treating an illness, injury, or disease of the patient.
  3. The procedure is clinically appropriate, in terms of type, frequency, extent, site and duration.
  4. The procedure is effective in preventing the death of the patient or in preventing, diagnosing, or treating an illness, injury, or disease of the patient.
  5. The procedure is not primarily performed for the convenience of the patient, the physician, or other health care provider.
  6. The procedure is less expensive than an alternative which is at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of the patient’s illness, injury or disease, or as to preventing the death of the patient.

Abortions that are legally considered to be “necessary, in appropriate medical judgment, for the preservation of the life or health of the mother” under the criteria established under the Roe v. Wade and Doe v. Bolton decisions might not be considered to be medically necessary under the criteria accepted by most of the medical profession and health insurance companies for several reasons. First, such an abortion might not be in accordance with the generally accepted standards of medical practice. Second, most of the abortions that fall under the so-called “health of the mother exception” are performed for purposes other than and apart from preventing the death of the mother or preventing, diagnosing, or treating an illness, injury, or disease of the mother.  Third, most abortions are primarily performed for the convenience of the mother, and as such would not fall under the medical necessity criteria used by health insurance companies and most of the medical profession. Finally, an abortion might be considered to be clinically inappropriate under the criteria used by health insurance companies and most of the medical profession, even though abortion providers often consider these abortions to be clinically appropriate.

Many Americans misunderstand the difference between an abortion that is “necessary, in appropriate medical judgment, for the preservation of the life or health of the mother,” as defined by the Roe v. Wade and Doe v. Bolton decisions, and an abortion that is medically necessary under the definition accepted by most of the medical profession and by health insurance companies. This misunderstanding has allowed abortionists to legally perform medically unnecessary abortions during all nine months of pregnancy in the United States. In addition, this misunderstanding has enabled abortionists and abortion providers to file claims for abortions that are considered to be medically necessary by the abortion provider but would not be considered to be medically necessary by the health insurance provider. Moreover, some of the women who are seeking an abortion that is deemed to be “necessary, in appropriate judgment, for the preservation of the health of the mother” by an abortionist might not understand why such an abortion might not be covered under an health insurance policy that covers medically necessary abortions but does not cover elective abortions. Furthermore, this misunderstanding has allowed abortion providers to receive taxpayer funding that it should not have been entitled to by claiming that the abortions are “necessary for the preservation of the health of the mother.” Finally, if more individuals understood the difference between “necessary, in appropriate medical judgment, for the preservation of the life or health of the mother” and medically necessary, there would be increased support for prohibiting medically unnecessary abortions after viability and there would be decreased support for taxpayer funding of abortion providers.

The United States Supreme Court should uphold laws that prohibit abortion – Part 2

The United States Supreme Court had decided in Roe v. Wade that “state criminal abortion laws … that except from criminality only a life-saving procedure on the mother’s behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy.” However, the United States Supreme Court had also decided in Roe v. Wade that “The privacy right involved, therefore, cannot be said to be absolute. In fact, it is not clear to us that the claim asserted by some amici that one has an unlimited right to do with one’s body as one pleases bears a close relationship to the right of privacy previously articulated in the Court’s decisions. The Court has refused to recognize an unlimited right of this kind in the past.” In addition, the United States Supreme Court also “conclude[d] that the right of personal privacy includes the abortion decision, but that this right is not unqualified, and must be considered against important state interests in regulation,” decided that “the pregnant woman cannot be isolated in her privacy,” and also ruled that “the woman’s privacy is no longer sole and any right of privacy she possesses must be measured accordingly” in the Roe v. Wade case. Furthermore, the United States Supreme Court also ruled in Doe v. Bolton, the companion case to Roe v. Wade, that “if the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.”

While the United States Supreme Court arrived at the conclusion that laws that prohibit abortion were unconstitutional under the Due Process clause of the 14th Amendment on the grounds that the prohibition of abortion impermissibly violates a pregnant woman’s right to privacy, the fact that a pregnant woman has a right to privacy should not have been sufficient to render laws that prohibit abortion unconstitutional because a pregnant woman does not have an absolute right to privacy and also because “governmental intrusion” involving a decision to undergo an abortion is not necessarily “unwarranted” because an abortion by its very nature involves the killing of an unborn human being. In addition, there are acts that are still illegal to commit in the privacy of one’s own home or in other places where there is an expectation of privacy, including but not limited to murder, assault, child abuse, identity theft, wire fraud, mail fraud, incest, rape, statutory rape, the sexual abuse of a minor, illegal sexual relations between a teacher and a student, the possession of child pornography, the production of child pornography, the illegal possession of controlled substances, and the abuse of controlled substances, and the laws prohibiting these acts are not unconstitutional on the grounds that a person has a right to privacy or on the grounds that these acts are committed in places where there is an expectation of privacy. Furthermore, even though a woman generally has a legal right to abortion and contraception in the United States, the law still imposes restrictions on a woman’s right to decide on “whether to bear or beget a child” because a woman cannot legally choose to engage in sexual intercourse with an underage boy and because a woman cannot legally choose to engage in sexual intercourse with closely related individuals such as her brother, her father, or her son.

In the Roe v. Wade ruling, the United States Supreme Court decided that “for the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.” However, the United States Supreme Court also effectively legalized abortion-on-demand in Doe v. Bolton, the companion case to Roe v. Wade, by broadly defining “health of the mother” as “all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the wellbeing of the [mother],” and Justice William Douglas will also state in his concurring opinion of Doe v. Bolton that “the right to privacy” encompasses “the right to care for one’s health.” Furthermore, even though the United States Supreme Court required that abortions that are “necessary, in appropriate medical judgment, for the preservation of the health of the mother” be legal during all nine months of pregnancy, the definition of health is not contained within the text of the United States Constitution, and the text of the United States Constitution does not make any kind of distinction between abortions that are not needed for the preservation of the health of the mother and abortions that are necessary for the preservation of the health of the mother, at least with respect to abortions that are not essential to preventing the death of the mother. Finally, the legitimate governmental interests that justify prohibiting abortion after viability are compelling enough to even justify prohibiting abortions that are deemed necessary for the preservation of the life or health of the mother, including governmental interests that were not acknowledged during the Roe v. Wade and Doe v. Bolton cases.

The Roe v. Wade decision should be reversed, even if some people are opposed to its reversal, for several reasons. First, the government has a compelling interest in protecting both the life of an unborn child and the health of the mother during all nine months of pregnancy, and this compelling interest has even been acknowledged by the United States Supreme Court in the final ruling of the Planned Parenthood v. Casey case. Second, human life has already begun at the stages of pregnancy at which abortions are performed because human life begins at the moment of conception, and this fact is supported by both objective scientific fact and legal precedent. Third, our founding fathers clearly intended for the right to life to extend to unborn human beings, despite the fact that this right had been taken away from unborn children as a result of the Roe v. Wade decision, and the 14th Amendment was not intended to affect laws that prohibit abortion. Fourth, the fact that a woman has a right to privacy does not necessarily imply that a pregnant woman must have a right to an abortion because a woman does not have an absolute right to privacy and because a woman’s own privacy is not the only thing at stake in an decision to undergo an abortion. Fifth, the United States Supreme Court relied on false statements made by Sarah Weddington (the attorney representing plaintiff Norma McCorvey in Roe v. Wade) and Margie Pitts Hames (the attorney representing plaintiff Sandra Cano in Doe v. Bolton) in order to arrive at its conclusions in Roe v. Wade and Doe v. Bolton. Sixth, many issues have arisen since the Roe v. Wade and Doe v. Bolton cases that necessitate revisiting these two decisions, including but not limited to the dangers of abortion procedures to the lives and to the health of the women who undergo abortions and the danger of irreversible harm to babies who have survived failed abortions. Finally, the reversal of Roe v. Wade and Doe v. Bolton will allow states to enact laws that protect the right to life of unborn children, which is an unalienable right that should never have been taken away from unborn children.

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.

Why pro-life candidates should be elected in the 2016 election and why Hillary Clinton should not be elected as President

Getting a pro-life president elected, electing more pro-life U.S. representatives, and electing more pro-life U.S. Senators in the upcoming 2016 election are all needed in order to get abortion-on-demand outlawed in the United States. These pro-life candidates for political office should let voters know that they will help women who are in crisis pregnancies by providing them easier access to prenatal medical care, obstetric medical care, and postpartum medical care through healthcare providers who are not in the business of performing abortions and in a loving and caring manner. In addition, these pro-life candidates should let voters know that they will ensure that low-income women will continue to have access to legitimate gynecological medical care that does not involve the killing of unborn children in the event that abortion providers lose government funding or in the event that abortion becomes illegal.

The pro-life strategy that should be undertaken by politicians in the United States should involve more than simply outlawing abortion, and should include the following components:

  • Ensuring that pregnant women have access to prenatal medical care and obstetric medical care through providers that are not in the business of performing abortions
  • Improving access to pro-life crisis pregnancy assistance, pro-life prenatal medical care, and obstetric medical care for women who are in crisis pregnancies
  • Providing pregnant women who are unable to work due to a complication of a pregnancy with access to unemployment benefits and medical coverage during the remainder of her pregnancy
  • Letting pregnant women who do not want to take care of their children after birth know that there are couples who really want to adopt these children and who will take care of these children in a loving and caring manner
  • Making it easier for pregnant women who do not want to take care of their children after birth to give up these children for adoption
  • Cutting government funding to abortion providers, including but not limited to Planned Parenthood
  • Increasing taxpayer funding to healthcare providers that provide prenatal medical care and obstetric medical care to women who are in crisis pregnancies and that are not in the business of performing abortions
  • Increasing taxpayer funding to pro-life crisis pregnancy centers who are not in the business of providing abortions

The above strategy will reduce the demand for abortion in the United States and will send the message that there is hope for pregnant women who are in desperate situations. In addition, the above pro-life strategy will also address the problem of the infanticide of newborn babies who are unwanted by their mothers. Furthermore, this approach will lead to an increased respect for human life in the United States.

Hillary Clinton, who has already announced that she will be running for President in 2016, clearly supports keeping abortion legal. While she has recently said that she will reduce the abortion rate in the United States by half, she will likely fail to implement the policies that are needed to reduce the demand for abortion in this country. Furthermore, Hillary Clinton has also recently said that religious beliefs that prohibit abortion need to be changed, but these religious beliefs cannot be changed because abortion by its very nature constitutes the killing of an innocent human being, is always an intrinsically evil act, is always gravely evil in the eyes of God, always offends against the sanctity of human life, and always violates natural moral law. Hillary Clinton should not be elected as President of the United States because she will promote policies that will keep abortion legal in the United States, because she will fail to take the measures that are needed to reduce the demand for abortion in the United States, and because she will attempt to impose her own personal beliefs on religions, religious denominations, and churches in the United States if she is elected President of the United States.

If a pro-life presidential candidate wins in the 2016 United States presidential election and if more pro-life candidates are elected into the United States Senate and the United States House of Representatives in the 2016 Election, pro-life policies that would encourage women in crisis pregnancies to choose life instead of abortion will likely be implemented and more pro-life laws will likely be enacted at the federal level. In addition, a pro-life president will likely appoint additional pro-life justices to the United States Supreme Court that might be willing to reverse the Roe v. Wade and Doe v. Bolton decisions. Furthermore, the 115th United States Congress must enact legislation that will help women in crisis pregnancies choose life for their unborn children, including providing these women with access to quality pro-life prenatal medical care, making it easier for women who do not want to take care of their children after birth to give up their children for adoption, and defunding abortion providers who are primarily in the business of performing abortions, including but not limited to Planned Parenthood.

There are few important things that voters who are eligible to vote in the upcoming 2016 Election need to know regarding the abortion issue, and here are some of the things that voters must know regarding the abortion issue:

  • Women are usually able to prevent unplanned, unwanted, or unintended pregnancies from occurring by choosing to completely abstain from sexual activity.
  • The vast majority of pregnancies that are aborted in the United States were conceived as a result of consensual sexual intercourse and these pregnancies could have been prevented in the first place if these women had chosen to completely abstain from sexual activity.
  • The vast majority of abortions that are being performed at abortion clinics in the United States are being performed for purposes other than the preservation of the life or health of the mother.
  • Many of the pregnant women who are seeking abortions are only willing to do so if it is legal and readily available.
  • If abortion is outlawed in the United States, most of the women who are in crisis pregnancies will not seek an illegal back-alley abortion, despite the popular claim that women will resort to illegal back-alley abortions if abortion is outlawed.
  • The majority of pregnant women who are choosing to end a pregnancy through an abortion are choosing to do so because they feel that they would be unable to take care of their unborn children after birth.
  • Most of the women who are seeking to end pregnancies through abortion would not have chosen to end a pregnancy through an abortion if they were provided with the necessary support to choose life for their unborn children.
  • Improving access to pro-life crisis pregnancy assistance, quality pro-life prenatal medical care that does not involve the performance of abortion, and unemployment benefits for women who are unable to work because of a complication of pregnancy will reduce the demand for abortion.
  • Some of the newborn children who are unwanted by their biological parents are being killed through infanticide in the United States, despite the availability of legal abortion-on-demand during all nine months of pregnancy in the United States.
  • Implementing pro-life policies that reduce the demand for abortion in the United States will also reduce the likelihood that newborn children who are unwanted by their biological parents are killed through after-birth infanticide.
  • Human embryos and human fetuses are unborn human beings and were so since the moment of fertilization, and as such should have a legally protected right to life, regardless of whether these unborn human beings are wanted by their parents.
  • Abortion should be outlawed in the United States, but it should be done through an approach that will encourage women who are in crisis pregnancies to choose life for their unborn children.