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.

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.