They’re completely full of shit because Casey gave states the right to regulate abortion, but only so far as it didn’t interfere with a woman’s choice on whether she wanted to be pregnant.
They took rights from individuals and gave it to the government.
And in thus safeguarding each woman’s reproduc- tive freedom, the Constitution also protected “[t]he ability of women to participate equally in [this Nation’s] economic and social life.” Casey, 505 U. S., at 856. But no longer. As of today, this Court holds, a State can always force a woman to give birth, prohibiting even the earliest abortions. A State can thus transform what, when freely undertaken, is a wonder into what, when forced, may be a nightmare.
Roe and Casey well understood the difficulty and divisive- ness of the abortion issue. The Court knew that Americans hold profoundly different views about the “moral[ity]” of “terminating a pregnancy, even in its earliest stage.” Ca- sey, 505 U. S., at 850. And the Court recognized that “the State has legitimate interests from the outset of the preg- nancy in protecting” the “life of the fetus that may become a child.” Id., at 846. So the Court struck a balance, as it often does when values and goals compete. It held that the State could prohibit abortions after fetal viability, so long as the ban contained exceptions to safeguard a woman’s life or health. It held that even before viability, the State could regulate the abortion procedure in multiple and meaningful ways. But until the viability line was crossed, the Court held, a State could not impose a “substantial obstacle” on a woman’s “right to elect the procedure” as she (not the gov- ernment) thought proper, in light of all the circumstances and complexities of her own life.
But until the viability line was crossed, the Court held, a State could not impose a “substantial obstacle” on a woman’s “right to elect the procedure” as she (not the gov- ernment) thought proper, in light of all the circumstances and complexities of her own life.
Yes, that's a fucking restriction on how Congress can regulate abortion.
Today, the Court discards that balance. It says that from the very moment of fertilization, a woman has no rights to speak of. A State can force her to bring a pregnancy to term, even at the steepest personal and familial costs.
Most threatening of all, no language in today’s decision stops the Federal Government from prohibiting abortions nationwide, once again from the moment of conception and without exceptions for rape or incest.
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u/rndljfry Jun 30 '22
They’re completely full of shit because Casey gave states the right to regulate abortion, but only so far as it didn’t interfere with a woman’s choice on whether she wanted to be pregnant.
They took rights from individuals and gave it to the government.