Roe v. 14th Amendment

Blackmun used 14th Amendment as an excuse for enacting Roe. But the authors, ratifiers, others never noticed it before.

Blackmun imagined in the 14th Amendment a power and application that the authors and ratifiers had not: abortion was illegal when it was written/ratified. Nor had anyone else noticed this power and responsibility in the 14th, for 95 years between ratification of the 14th and the Roe ruling.

ℹ️ Info

~ Aristotle Sabouni
Created: 2019-09-23

Blackmun used 14th Amendment as an excuse for enacting Roe: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Blackmun imagined in the 14th Amendment a power and application that the authors and ratifiers had not: abortion was illegal when it was written/ratified. Nor had anyone else noticed this power and responsibility in the 14th, for 95 years between ratification of the 14th and the Roe ruling.

No plain reading of the 14th imagines in a right to abortion. He had to use "penumbras", the idea that it inferred it, if you imagine it hard enough (or smoke enough crack).

Ask yourself, who is more likely wrong? The authors and every Judge and Constitutional Scholars before (and after) Blackmun, or the Blackmun court/ruling?

👁️ See also

Abortion - Abortion is a deeply personal view, but someone's views on it is a window into their soul.
Abortion/Toastmasters - I did a toastmasters speech (2008) on my views on Abortion.
Abortion/Life or Choice breakdown - The majority of Americans are both for and against abortion. Most want it more restricted, but legal (in some cases).
Abortion/By Party - General support/opposition for abortion is nearly the same across parties.
Abortion/By Term - The vast majority of Americans want more restrictions.
Abortion/Number per Year - ≈800K abortions per year, or twice as many American deaths as WWII.
Abortion/By Ethnicity - Margaret Sanger founded planned parenthood on the idea of exterminating inferior brown babies, so they'd stop outbreeding white ones.
Abortion/Why? - Abortion for Health of Mother (2.8%), Health of Fetus (3.3%), or rape/incest (>1%), total = <6%.
Abortion/Why late term? - The vast majority of late term abortions are not about "Fetal Problems", or "health of the mother". It's irresponsibility.
Abortion Limits - The far left lies, and pretends any reasonable restriction is a "war on reproductive rights".
Roe v. Wade - Roe v. Wade fits my personal beliefs (1st Trimester legal, 3rd illegal), but it was a lousy and Unconstitutional ruling.
Roe is Judicial Activism - "Blackmun’s papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference"
Roe v. 10th and 11th Amendments - The dissenting opinion pointed out that the 10th and 11th both disagreed with Blackmun's interpretation of the 14th.
Roe v. 14th Amendment - Blackmun used 14th Amendment as an excuse for enacting Roe. But the authors, ratifiers, others never noticed it before.
Roe v. Legal Review - No Legal Review has ever come up with a substantive defense of Roe. Which is why the distract with whataboutism.
Planned Parenthood - Planned Parenthood is an abortion mill wrapped in the facade of being about Women's healthcare.

🔗 More

Roe v. Wade
Roe v. Wade fits my personal beliefs (1st Trimester legal, 3rd illegal), but it was a lousy and Unconstitutional ruling.

🔗 Links

Tags: Roe Slides