That doesnât change the fact that personhood is defined in law. In fact, personhood is a made up term to identify what the law defines. Itâs immaterial to the issue of human life.
It hinges upon the idea that any right not explicitly mentioned in the constitution (ie: abortion. Interracial marriage. gay marriage. Access to contraception) should be handled at the state level.
âIf this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office,â
Well luckily for you, no one is disputing whether a zygote is a human life. When it comes to death of that life⊠the potential punishment is established in law.
Except for the religious folks who sold themselves to establishment GOPers and then to a pro choice liberal democrat who paid for abortions, no one in the party ever wanted to overturn RvW.
Itâs was their gravy train and their key to re-election.
What makes you think that abortion is a swing vote issue for suburban housewives? What makes you think they would blame Republicans for a Supreme Court ruling?
Iâll play Devilâs Advocate since Iâve read the entire draft.
They address the very rulings you discuss in them.
The âdaylightâ they offer is the moral question as to whether it is acceptable to kill other life (whether or not we define a fetus as a person, it is a human life that is being terminated. Pro-choicers really need to admit that to themselves). The other rulings donât involve a decision to terminate a life. This does involve such a decision.
They do mention the various amendments, including the 9th and 14th. They state SCOTUS has always held that to determine whether something is a right according to the 9th Amendment or under the equal protection offered by the 14th, it must be long rooted in our historical traditions or else necessary for âordered libertyâ. This opinion draft would âruleâ that the abortion right is rooted in neither.
Greater legal minds than mine can inform us whether this has always been SCOTUSâ practice in determining whether something is an âunenumerated rightâ.
Iâm not arguing one way or another or offering an opinion. Iâm simply telling you this draft opinion does address the âdaylightâ they perceive and does address the 9th/14th Amendment arguments.