avatarBill Myers

Summary

The article critiques the Supreme Court's potential overturning of Roe-v-Wade, arguing that the current draft decision fails to address the faulty logic and flaws in the original ruling, and suggests that basing the decision on the 13th Amendment could provide a stronger constitutional foundation.

Abstract

The article titled "Cowardly Supreme Court Refuses to Fix Faulty Logic & Flaky Ruling in Roe-v-Wade" argues that the Supreme Court is shirking its responsibility to uphold the Constitution by not correcting the deficiencies in the Roe-v-Wade decision. It highlights the potential for legal chaos with 50 different state abortion laws if the decision is overturned without a clear federal standard. The author proposes that the reasoning for abortion rights should be grounded in the 13th Amendment, which abolishes slavery and involuntary servitude, as pregnancy and child-rearing can be seen as coercive labor. The article also criticizes the current trimester framework set by Roe, suggesting a more definitive cutoff point for abortion decisions. It condemns state laws like Texas's and Oklahoma's for being coercive and promoting a form of slavery by restricting women's reproductive choices. The author advocates for a firm starting point and length for pregnancy termination decisions to ensure the woman's autonomy and to comply with the 13th Amendment.

Opinions

  • The author views the Supreme Court as cowardly for not addressing the faulty logic in Roe-v-Wade and potentially leaving the issue to be determined by individual states, which could lead to legal chaos.
  • The Roe-v-Wade decision is criticized for its vague reasoning based on privacy and for not being grounded in the 13th Amendment, which the author believes is a more compelling constitutional argument against forced labor, including the labor of pregnancy and child-rearing.
  • The author argues that the current state laws, such as those in Texas and Oklahoma, are flawed and coercive, effectively imposing a form of slavery on women by limiting their reproductive choices and autonomy.
  • The article suggests that the Supreme Court should establish a clear and rigid cutoff point for when a woman can decide to have an abortion, proposing 4 1/2 months from the start of the prior period, to ensure the decision is made without undue coercion.
  • The author believes that the uproar over abortion rights is deeply rooted in centuries of male religious dominance and a desire to control women's bodies and choices.
  • The article dismisses the argument that women should simply avoid sex if they do not wish to become pregnant, labeling such a view as clueless and ignorant of the complexities of human sexuality and reproduction.

LOGIC FAILURES

Cowardly Supreme Court Refuses to Fix Faulty Logic & Flaky Ruling in Roe-v-Wade

The current draft decision indicates that the Court plans to abdicate its responsibility for upholding the constitution

Photo by Adam Szuscik on Unsplash

By instituting chaos and legalizing extortion, torture, and vigilantism. The Roe-v-Wade decision was never perfect. In fact, it is barely functional and needs to be fixed.

If the draft becomes law, there will be 50 different rules about abortion — chaos

Then some states, like Texas, have written into their law that their jurisdiction goes beyond their boundaries. Finally, Texas allows people who have no direct interest to bring the woman to court and the woman has to pay even if she wins the case.

Two major problems with Roe

First, the reason for taking up the case was vague. It was based on some privacy issue which is hard to follow. It should be based on the 13th Amendment, Section 1 of the Constitution:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Slavery: coercive means to compel someone to work.

Children, especially pregnancy and babies, require an immense amount of work. Men can choose how much of this work, if any, they will participate in. Many get the woman pregnant and leave. The woman’s choices are abortion, abandonment, and all of the work. If the woman has no choice, or near-impossible limitations, it is slavery.

The 13th Amendment, Section 1 of the Constitution, is an extremely strong reason for the Court to intervene to support Roe-v-Wade.

Second, at what point does continuing the pregnancy go from forced or near-forced work to a normal yes-or-no choice? At what point does the baby’s right to be born override the slavery issue?

To make an abortion decision, the woman must know she is pregnant, have enough time to decide, and then enough time to get the abortion. Roe gave her 3 months, sort of. An abortion could be performed in the middle 3 months if there were medical problems, but it was no longer the sole decision of the woman. Abortion in the final 3 months was only allowed to save the woman’s life.

The middle is nebulous and needs to be eliminated.

Then, how do you know when 3 months from conception are up? The court needs to set a firm starting point and length. I propose 4 1/2 months from the start of the prior period. That would give the woman 3 or 4 months to make up her mind. After all, a woman can skip a period. Either way, there would be at least 5 remaining months. After the cutoff point, the work becomes voluntary and the 13th Amendment no longer applies.

New state laws do not take a skipped period into account. They are even flakier than Roe and much more coercive. Oklahoma is the worst, with a 6-week cutoff point and its self-contradicting definition of “Pregnancy.” It promotes slavery.

Summary

The court will provide a rock-solid decision if they change the basis to the 13th amendment and a rigid cutoff point for the woman’s decision and the abortion. If they don’t and send the decision back to the states, chaos will reign.

Currently, the uproar is based on centuries of male religious dominance and desires by those who do not want to relinquish control.

Finally, only the clueless idiots will claim that the woman should never have had sex in the first place.

References

  • The unborn are “the perfect people to love if you want to claim you love Jesus, but actually dislike people who breathe.”
  • In a previous article, someone suggested that I read the draft, so I did.
  • What nonsense!
  • Lists 10 regressions to the wild west in the Texas abortion law
  • More details
  • Analysis & link to S.B. 1503
  • Sections 5.a and 5.c contradict each other with an impossibility

Other Articles in the Same Category

Abortion
Supreme Court
Equal Protection
Roe V Wade
Politics
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