Friday, September 7, 2012

Henneberger on "Abortion-Palooza"

Henneberger on "Abortion-Palooza" by MSW.  MGB: The most relevant point is still mine - that this is not a political issue because abortion rights were not granted legislatively.  The Supreme Court said that states simply do not have the power to make abortion law unless the unborn child is a legally recognized person, which it is not under the Constitution (see Article X of Roe).  While the Congress could make it so (no human life amendment is required) under both their sovereign power over citizenship and the enforcement section of the 14th Amendment, they are not likely to do so because of the equal protection problems of granting rights to some embryos in the first trimester and not others (who will inevitably miscarry) and the lack pro-life movement stance that mothers not be held criminally responsible (impossible if the embryo is a legal person).  The Democrats would love a definition of life that starts at assisted viability or at the start of the first trimester, as it would make the issue go away and that would hurt the GOP more than the Dems.  The reason a first trimester ban is never offered is because the exceptions would make enforcement impossible and nothing at all would change.  Until the Pro-Life forces offer a bill that handles all the relevant issues - there is no issue outside of convention speeches, party platforms and ill-advised messages from the Ambo on Pro-life Sunday (which are largely ignored - because there is no bill to support).

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