Re: Ugh, Not Again. Our Moral President Vetos Stem Cell Bill
Yeah, Odin, the problem with Roe is not that it outlawed abortion. The problem with Roe was that with it, the Supreme Court conferred upon itself a hitherto unknown and unspoken power: the power to decipher the true intent of a law, regardless of the actual written word. They themselves declared that in making that law (and some people claim that this was the main reason the court took up Roe in the first place, abortion was seen as an obscure vehicle on this). From the moment of Roe on, Congress or a state legislature could pass a law with a 95% majority that said "The sky is blue" and SCOTUS could come back and say "And by that statement, we find that they really meant that the sky is orange" and orange it is.
You can argue that the Constitution does not define when life begins. I agree with you on this point. But you can't argue that that vacancy puts it smack dab in the hands of SCOTUS to declare an absolute, unrestrictable right to abortion the way they did. It was a naked power grab.
If SCOTUS reversed Roe (which is not actually based on written law or precedent) and every 50 of the states voted to legalize abortion (which is where all other health care law takes place), I wouldn't have anywhere near the problems with our abortion policy that I do now.
What's more, because of the sledgehammer SCOTUS used to establish their power, this created right of 'privacy' that only they can define, no restrictions can be put on abortion. It's why parental notification laws are routinely struck down (yes, American 11-year old girls cannot take aspirin without a doctor's note, but they can get a 3rd trimester abortion without anybody saying boo about it).