The Supreme Court will not "gut" Roe v. Wade

Now that the U.S. Supreme Court is considering another abortion case, the immoderate defenders of "the right to choose" are issuing their usual frightful warnings that have little or no basis in fact.

Chief among them is the rock solid prediction that the Supreme Court will "gut" Roe v. Wade, its 1973 decision that was the first of a series of high court cases that affirmed the right to abort a child in pregnancy. (Here, here, here, here, here and many more.)

"Gut" is the language of noxious pro-abortion forces that  need to fire up their supporters to open up their checkbooks. Somehow there's irony in their use of "gut" (to "eviscerate the innards") because abortion is basically a similar act.

One reason that Roe won't be overturned is because it already has been modified in some important respects by the ensuing Planned Parenthood v. Casey. 

The other reason is the vast misreading of Roe by pro-abortion troops. Instead of granting wide latitude to permissive abortions, Roe held that the right to a restriction abortion applied prior to fetal viability, in the first trimester. After that, government, in the interests of protecting both the woman and the fetus, can impose restrictions on abortions, as long as they do not endanger the woman's life or health. The companion abortion case Doe v. Bolton defines "health" so broadly that it can be read as permitting abortions for any reason at any time at all.

If the Supreme Court attacks anything, it could be Doe, as being unreasonably permissive. Or it could, as the high court often does, tweak one of the prior abortion decisions that, like Casey, to legitimize reasonable and common sense medical regulation of abortions.

That sits unwell with some pro-choice exponents. They call medically reasonable abortion requirements finicky and fussy. Among them are such architectural features for abortion clinics as the width of hallways, which makes sense because they must be wide enough to accommodate gurneys in case of medical emergencies. It will surprise many to know that although the clinics involve invasive medical procedures, they are not subject to the same laws and regulations as other out-patient facilities.

Abortion caselaw is more complicated than rocket science. It doesn't promote rational discussion of the issue to be throwing around overly broad and unnecessarily emotional terms as "gut."

dennis@dennisbyrne.net

www.dennisbyrne.net 

My historical novel: Madness: The War of 1812

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