- Apr 14, 2003
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While huge numbers of people identify as pro-life and spent a great deal of time trying to protect the unborn, I am exasperated by their methods.
I don't defend Roe v. Wade. You can make a very strong case that the Federal government and the Federal courts had no business getting involved in state law on abortion. When the case came before the Supreme Court, the result was completely moot. The woman who brought the case, Norma McCorvey, had filed the case three years before, when she was pregnant. Members of the Supreme Court knew that she was no longer pregnant. They didn't know if she had had the child, had a legal abortion in another state, or an illegal abortion in Texas. The Justices made no attempt to find out. No law forces the courts to fly blind and issue far-reaching decisions without knowing the facts, they simply chose to do so. The Federal Constitution obviously says nothing about abortion or any related issue.
The Roe v. Wade decision was issued the same day as Doe v. Bolton, they are essentially one decision. Roe v. Wade threw out a Texas law on abortion and Doe v. Bolton threw out a Georgia law on abortion. The Justices essentially declared the Texas law to be void because it was old fashioned, outdated, antiquated. It hadn't been revised in almost a hundred years. The Justices essentially declared the Georgia abortion law to be void because it was too complicated and too bureaucratic.
There is a problem here. The Constitution doesn't give the Supreme Court the power to throw out laws that are outdated and in need of revision. If antiquated laws are to be revised, that is the responsibility of the legislature. Likewise, the Constitution doesn't give the Supreme Court the power to throw out laws that are complicated and bureaucratic. The Constitution simply doesn't give the Supreme Court the power to do what it did in Roe v. Wade/Doe v. Bolton. If the courts threw out every law that is old fashioned, and also threw out every law that is bureaucratic and burdensome to members of the public, most of our laws could easily be thrown out.
The pro-life movement has no interest in these arguments. Pro-lifers keep saying that abortion is murder but they have no patience or any interest in legal details. They will not make a legal argument, they will only argue the case as a religious or philosophical argument. Unfortunately, that only weakens their case.
The heartbeat approach that is making such headway in state legislatures is nothing new. Pro-lifers started putting up billboards based on the heartbeat approach at least fifteen years ago, where I live. "Abortion stops a beating heart," is one example. This is one slogan that didn't impress me. Dogs and cats have beating hearts. Horses and cows have beating hearts. Frogs and toads have beating hearts. So what? I couldn't imagine pro-lifers moving forward this way.
As heartbeat bill pass the legislature in state after state, a common opinion is that pro-lifers are hurting their own case by not making exceptions for rape and incest. Even conservative religious leaders are wondering at this approach. Even if you believe that rape and incest shouldn't be excluded, it ought to be obvious that change is going to come gradually.
As I said, I often find pro-lifers to be exasperating, and it's not because I believe in Roe v. Wade or the philosophy that goes with it.
I don't defend Roe v. Wade. You can make a very strong case that the Federal government and the Federal courts had no business getting involved in state law on abortion. When the case came before the Supreme Court, the result was completely moot. The woman who brought the case, Norma McCorvey, had filed the case three years before, when she was pregnant. Members of the Supreme Court knew that she was no longer pregnant. They didn't know if she had had the child, had a legal abortion in another state, or an illegal abortion in Texas. The Justices made no attempt to find out. No law forces the courts to fly blind and issue far-reaching decisions without knowing the facts, they simply chose to do so. The Federal Constitution obviously says nothing about abortion or any related issue.
The Roe v. Wade decision was issued the same day as Doe v. Bolton, they are essentially one decision. Roe v. Wade threw out a Texas law on abortion and Doe v. Bolton threw out a Georgia law on abortion. The Justices essentially declared the Texas law to be void because it was old fashioned, outdated, antiquated. It hadn't been revised in almost a hundred years. The Justices essentially declared the Georgia abortion law to be void because it was too complicated and too bureaucratic.
There is a problem here. The Constitution doesn't give the Supreme Court the power to throw out laws that are outdated and in need of revision. If antiquated laws are to be revised, that is the responsibility of the legislature. Likewise, the Constitution doesn't give the Supreme Court the power to throw out laws that are complicated and bureaucratic. The Constitution simply doesn't give the Supreme Court the power to do what it did in Roe v. Wade/Doe v. Bolton. If the courts threw out every law that is old fashioned, and also threw out every law that is bureaucratic and burdensome to members of the public, most of our laws could easily be thrown out.
The pro-life movement has no interest in these arguments. Pro-lifers keep saying that abortion is murder but they have no patience or any interest in legal details. They will not make a legal argument, they will only argue the case as a religious or philosophical argument. Unfortunately, that only weakens their case.
The heartbeat approach that is making such headway in state legislatures is nothing new. Pro-lifers started putting up billboards based on the heartbeat approach at least fifteen years ago, where I live. "Abortion stops a beating heart," is one example. This is one slogan that didn't impress me. Dogs and cats have beating hearts. Horses and cows have beating hearts. Frogs and toads have beating hearts. So what? I couldn't imagine pro-lifers moving forward this way.
As heartbeat bill pass the legislature in state after state, a common opinion is that pro-lifers are hurting their own case by not making exceptions for rape and incest. Even conservative religious leaders are wondering at this approach. Even if you believe that rape and incest shouldn't be excluded, it ought to be obvious that change is going to come gradually.
As I said, I often find pro-lifers to be exasperating, and it's not because I believe in Roe v. Wade or the philosophy that goes with it.