Eye On Why

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By Thomas J. Edwards

Saturday September 11, 2021

Supreme Court May Have Ideal Vehicle To Outlaw Abortion

By Thomas J. Edwards — Analysis —

Did Attorney General Merrick Garland inadvertently hand the US Supreme Court the legal argument it needs to overturn Roe v. Wade? The high court decision that legalized abortion opened the floodgates to the murder of millions of babies in the womb. Justices ruled in 1973 that abortion is a constitutional right. But that was before modern medicine showed life begins as early as six weeks into a pregnancy when a heartbeat is detected rather than at birth as earlier concluded.

The irony of Garland’s new lawsuit is not lost. United States of America v. The State of Texas brings the issue back to square one where it began 50 years ago. Roe v. Wade originated in Dallas in 1971 when Norma McCorvey, who filed under the pseudonym Jane Roe, sued her local district attorney Henry Wade contending that Texas law banning abortions except to save the life of the mother was unconstitutional (Note: Wade was the prosecutor of Jack Ruby who killed Lee Harvey Oswald, the assassin of President John Kennedy).

The Supreme Court in a 7-2 decision ruled in January 1973 that women have a fundamental right to choose whether or not to have an abortion without excessive government restrictions. The ruling struck down the Texas abortion ban.

The new Texas law toughens abortion restrictions including a bounty hunter provision which could prompt the high court to nullify the entire law. But the justices could also rule around it by endorsing the abortion ban but striking the bounty hunter section. The new law bans abortions past the sixth week of a pregnancy, a time when many women are not even aware they are pregnant. The law also make no exception for rape or incest. And it give private citizens the authority  to serve as bounty hunters by suing anyone perceived to help women obtain an abortion. The reward is $10,000 per claim.

National sentiment has shifted considerably over five decades of watching millions of potential lives butchered by abortion factories such as federal government subsidized Planned Parenthood and the surly arrogant radical feminists who defend the practice as fervently as any cultist. Political causes associated with feminists are waning on abortion defense. Most American voters favor substantial limits on abortions. There was a massive surge in abortions following the Roe v. Wade decision but abortions per capita peaked around 1980 and actual numbers have dropped since 1990 when compared to the 33 percent increase in the national population.

Even then, the annual average infanticide practiced by Planned Parenthood hovers around 350,000 babies. So Garland’s lawsuit comes at an opportune time. The question will come down to whether it is still permissible under the Constitution to murder a living fetus after a heartbeat is detected in the womb. There are now five votes on the court likely to reject abortion. But they could send the issue back to Texas to craft a more coherent law focusing solely on abortion and making additional exceptions for rape or incest.

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