Is Roe v. Wade good jurisprudence?

[Rex_Goodheart]

Even though you might like the decision was it appropriately supported in a constitutional sense?

Does a "right to privacy" actually exist in the Constitution, or was it created by the decision?

Should abortion be a matter for the states?

[kiahzero]

1. Yes, yes, no no.

The right to personal autonomy does exist in the Constitution. See the First, Third, Fourth, and Ninth Amendments.

No, abortion should not be a matter for the states. Women in backwards states should not be forced to be incubators for the state.

[originalpckelly]

2. Actually, it is presumed that we have all the rights imaginable...

unless expressly forbidden by the US Constitution. It is a government of limited powers and may not assume powers without those powers being exclusively delegated.

Oddly enough, the US Constitution agrees with the previous statement:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." -9th Amendment to the United States Constitution

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people." -10th Amendment to the United States Constitution

Unfortunately, in practice the entire structure of the government has been turned on its head, and it practically has all the powers and may disparage any of our undeclared right, and even in certain cases may disparage our declared rights.

[Rage for Order]

3. That was my initial thought

The 10th amendment:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people."

We obviously crossed that line a llllloooonnnngggg time ago. By the standard of the 10th amendment, we'd probably have to get rid of about 95% of the federal laws on the books.

[originalpckelly]

6. You're absolutely right...

it's pretty frightening to see that the SCOTUS has abandoned the 9th and 10th amendments, and has misinterpreted the supremacy clause.

[kiahzero]

7. How do you figure? (n/t)

[Solo_in_MD]

4. Good Decision...miserable wording

[Rex_Goodheart]

8. I tend to agree...

I think the word "privacy" was an unfortunate choice.

The decision should have stressed an implicit constitutional DOMINION over one's own body and life.

[Solo_in_MD]

9. And if I never see the word penumbra used in a court decision again, it will be too soon

[mmonk]

5. Not a well written decision IMO though the right one.

[Toots]

10. Abortion is a medical procedure

It should be a matter of medicine and anyone trying to make rules on it should have a license to practice medicine. IMO it is complete arrogance to legislate on a medical precedure without proper knowledge of the subject, whether state or federal.