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November 10, 2004

Thought for the morning

Even if a newly constituted Supreme Court were to overturn Roe v Wade, that would not make abortion illegal. It would return the decision to the states.

Posted by Darleen at November 10, 2004 06:48 AM

Comments

Which would in fact make it illegal in around 35 states.

Posted by: Mieke at November 10, 2004 04:59 PM

I beg to differ, Mieke.

Since all the abortion laws on the state books were null and void with the Roe v Wade, the issue would have to go back to the legislatures for new laws.

And each state would then have to decide for themselves how they wanted to handle it.

Prior to Roe v Wade, California passed one of the most liberal of abortion laws. Guess who signed them into law?

Governor Ronald Reagan.

Posted by: Darleen at November 10, 2004 06:30 PM

Reagan was always more to the center on abortion.

Almost all of the states you would assume would make abortion illegal already have laws on the books, that are today considered unconstitutional and unenforceable and with a new Supreme Court, who knows how they will interpret these laws.

The intent is my pont:

Mississippi’s ban on abortion procedures is unconstitutional according to the U.S. Supreme Court's decision in Stenberg v. Carhart. 530 U.S. 914 (2000). In Stenberg, the Court held that a similar ban, which lacked an exception to protect a woman’s health and was written so broadly as to ban more than one procedure, placed an undue burden on a woman’s right to choose.

Already 98 percent of Mississippi
counties have no abortion provider

97 percent of Arkansas counties have no abortion provider

94 percent of Georgia counties have no abortion provider

93 percent of Texas counties have no abortion provider

I could go on and on. Not only do most of these states have draconian laws on the books, they have made abortions almost impossible to get by passing laws they could get away with (like parental notification).

Posted by: Mieke at November 10, 2004 07:47 PM

Mieke

I don't agree there is a "right" to abortion. There is no such thing as "rights" to something that must be provided by someone else. If no doctor wishes to perform an abortion is s/he "denying the right" of a woman who wants one? Absolutely not.

Secondly, if women (and men) in Miss. or anyother state feel abortion is important to them, then they will change the law. We are a republic .. a federation of different states and each state has the freedom to shape itself according to its citizens. If the citizens of a particular state wish to outlaw abortion except in cases of a woman's life, then that is their right, just as that state has no right to interfer with a neighbor that takes a different path.

Not only do I have no problem with parental notification laws, I think it is highly irresponsible that they are not mandatory across the board. I also question the motivations of the vested interests that fight against them. My minor daughter cannot get her ears pierced without my knowledge and consent. There is no compelling reason she should be allowed to get an invasive and potentially life threatening procedure with everyone else's sayso except mine.

Posted by: Darleen at November 10, 2004 09:46 PM

Of course, in theory, in the world in which you and I live, you are right. Of course you question the motivation of the people fight who fight these laws, because it is not your world. But as we know there is a whole lotta world beyond our own.

For the girl whose parents will severely beat her, disown her, or throw her out, it's a tougher issue. For the 12 year old girl who has been raped by her father and her mother refuses to listen, or to help, and blames her and calls her a whore and a liar and then refuses to sign anything for that "whore daughter", it's a whole different ball game. This is the story of my friend Nicole's step-niece.

Of course a doctor should not be forced to perform abortions, but when the doctors who are willing to perform them are intimidated by threats of violence or acts of violence that's again another story.

What if the people of Mississippi, by majority vote, do establish the ban, what then for woman who needs or wants one? She's just out of luck? It's not a matter of just going to another state to get one, as my mother did back in the 60s when they were illegal. Not all of the women affected have access to the money you and I do. Some of them are living check to check. That's why the 24 hour waiting period some states require is so unfair. Most women I know who have had abortions, (and it is by the way, because my mother shared her story with me when I was 14 that I was sure to always use reliable methods of birth control )do not enter into the decision lightly and have thought it out. Like all scenarios there are exceptions to the rule, and I like you am appalled by the women who use abortion as birth control.
If I am a single mother trying to make ends meet and I find myself pregnant for whatever reason and want/need to have an abortion, the fact that I now have to take two days off of work, potentially losing my job or not being able to pay bills, is not fair.

It feels like when we talk, that your world is very cut and dry, very black and white. Life is just not that way.

Posted by: Mieke at November 10, 2004 10:40 PM