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  • James OMalley

Roe v Wade Draft Opinion

I was just thinking about all the controversy and protest surrounding the Roe vs Wade issue today. I guess a draft opinion from one of the Justices was conveniently leaked to the public a couple weeks ago. Immediately, the left sprang into action with protests and damage on anything supporting the draft message. The entire issue was raised by a case where the State of Mississippi passed a law that requires a pregnant woman to make the decision to abort her child within the first 15 weeks of pregnancy. The question is whether the States have the right to set such requirements on the act of abortion. Roe vs Wade establishes the right for a woman to have an abortion. It doesn't establish any restrictions to the act. It simply allows women to choose to have an abortion.


Now, I'm no expert on pregnancy, nor do I believe I have any right to force anyone to do something they want to do or don't want to do. But I do believe this 50 year old decision from the Supreme Court should be reviewed at least. First of all, if the federal government wants to stand on a decision made by a Supreme Court 50 years ago, shouldn't they codify it with a real law. There is no law on the federal books supporting Roe vs Wade. Secondly, the Constitution allows States to pass laws that enhance and restrict federal laws as long as they don't change the original intent of the basic law. Roe vs Wade guarantees the right for women to have an abortion. State laws to restrict that basic decision of Roe vs Wade seem to me to be appropriate, as long as they don't deny the basic decisions premise that women have the right to choose to have an abortion.


Well now, It appears to me, without Roe vs Wade being codified by a federal law, the States have the right to restrict abortions in their States as long as they don't deny women the right to their choice to have an abortion. According to poles taken, the majority of Americans support women's choice to have an abortion up to a specific timeline of their pregnancy. Apparently, somewhere between 15-20 weeks of the pregnancy is where the pregnant woman should make their choice as to whether to have an abortion or not. Again, it's not up to me to make that decision or not, but having up to 5 months to make the decision makes sense to me. Maybe a federal law codifying Roe vs Wade with the additional restrictions above would put an end to all this controversy and misinformation spreading across America today. Maybe if the Supreme Court's decision would allow States to pass laws restricting abortions to a set timeline, but still guaranteeing a woman's right to choose to abort their child, things would start to settle down. By any means, if the decision came down like that Roe vs Wade would still be standing while States could pass laws to set timelines for the choice to happen.


The bottomline is women have 100% of the right to choose what happens to their bodies. Unborn children have the right to life. This controversy will continue was long as we are on Earth. However, I do believe that the pregnant woman should be able to make their decision within the first 4-5 months of the pregnancy.

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