Fri Dec 3, 2021 – 10:19 am ESTFri Dec 3, 2021 – 10:31 am EST
WASHINGTON (LifeSiteNews) — In a sane country with a Supreme Court committed to doing its job honestly, Dobbs v. Jackson Women’s Health Organization would be a done deal. There wouldn’t be any question that Mississippi’s ban on abortion at 15 weeks was perfectly constitutional, nor would there be any doubt of a complete reversal of the past half-century of pro-abortion judicial precedent.
At its most basic level, the ban is lawful for the same reason Roe v. Wade is not: because absolutely nothing in the Constitution requires states to permit any abortions, and the principles the Constitution does affirm weigh heavily against violating the right to life. Step one of understanding this is simply recognizing that not even Roe claimed to find a right to abort in the Constitution’s actual text, but in the “penumbras” (a fancy word for “inferences”) of other rights that Justice Harry Blackmun claims formed a general “right to privacy” from which abortion springs.
This has always been absurd for two reasons. First, because making such grand leaps from much narrower text runs contrary to the reason we
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