Roe v. Wade: Further Proof (Part I)

I have written a great deal about Roe v. Wade, but I have found further evidence as to why it was a bad decision that I have yet to cover in any detail. First and foremost, the Fourteenth Amendment and the Ninth Amendment used by the majority’s Roe v. Wade opinion refers to “people” and does not distinguish between men and women. However, Roe v. Wade does distinguish between the sexes. The Constitution knows no genders, races, socio-economic status, or religions.

If Fundamental Rights come first and then government and laws follow, how can abortion be Fundamental? Laws do not make rights Fundamental, they already exist. Laws may protect Fundamental Rights, but they do not create them. Moreover, no Fundamental Right is controversial like abortion. Fundamental Rights are agreed to by all. Fundamental rights don’t have unlimited restrictions and regulations like abortion. Fundamental Rights are deep-rooted in American history and tradition. In a 1989 case before the Court it was argued that abortion was deep-rooted in American society since one-third of all pregnancies ended in abortion. Abortion was the most common elective surgery so it was argued it must be deep-rooted in American society. But all controversial issues are deep-rooted in American society and history however, for something to be an American tradition like marriage, to obtain knowledge, to procreate, and so forth it has to be 100% supported by the public. By this logic we can argue that cosmetic surgery is a Fundamental Rights because it has become deep-rooted in American society. There is only one Fundamental Right that causes as much chaos as abortion and that is gun ownership. But unlike abortion which has been taboo in American history, guns have been a deep-rooted tradition. Besides, the exact Fundamental Right is not gun ownership by itself, but gun ownership for self-defense. Everyone has a Fundamental Right to defend themselves and that is 100% agreed upon by all. Furthermore, if a state can routinely and legally intervene to regulate a supposed Fundamental Right, then there is no deep-rooted tradition of freedom.

In 2006, John Finn defined a political question as “The political question doctrine holds that some questions, in their nature, are fundamentally political, and not legal, and if a question is fundamentally political … then the court will refuse to hear that case. It will claim it doesn’t have jurisdiction. And it will leave the question to some other aspect of the political process to settle out.” Without question abortion was and is a political and not a judicial question and the Court should have addressed it as such. The Warren Court, however, ruled on political questions such as in Baker v. Carr the famous “One person, one vote” case. Cases like this may have opened the door for the Court to opine where it should not have. Another reason the Court should not have ruled on the case is because there was no controversy. Jane Roe was no longer pregnant and therefore the case was moot. There was not any “justifiable federal issue” at stake per the Constitution. Since Roe v. Wade was a political issue, the briefs for both sides of the argument consisted of very little law and a whole lot of Brandies Briefs covering “medical fact” about abortion and fetal development. This is proof Roe was not a judicial issue, but a political issue.

I had written in the past about how the early women’s rights movement for contraception and abortion was radical because feminists favored these policies mostly for population control. What’s worse, feminists also supported eugenics and the idea of ridding the world of “undesirable” people with “bad genes”. Radical feminist supported contraception, abortion, and even sterilization as a means to weed out the weak, diseased, criminal, the poor, deformed, mentally ill, and other so called “undesirable” persons. These original “feminist” or feminist supporters had something else in common: they were also socialists and or anarchists. In other words, their ideas were radical not just in support of the feminist movement, but also in economics and politics. Feminist classified most people as “undesirable” when in fact by today’s standard for morals and ethics they would be the “undesirables” in American culture.

The feminist movement was a double standard in that it demanded both “equal protection” from the Fourteenth Amendment and what I like to call “non-equal protection” or autonomy depending on the circumstances. I have written about many Supreme Court injustices towards women and minorities. Decisions such as Bradwell v. Illinois prohibited women from seeking a lawful profession and Mueller v. Oregon which placed workhour limits on women to push them out of the workforce. The Brandies Brief in Mueller was over one hundred pages and less than two discussed the law. The remaining pages referenced how women were inferior to men in all facets of life and therefore workhour restrictions on feeble women were a must. Since workhour restrictions did not apply to men, the outcome of the case was that employers would hire men over women. Equal protection under the Fourteenth Amendment was violated time and time again against women. Women and men should be treated as equals in all facets of life. Women should not be deprived working certain jobs and they should not be deprived of equal pay for doing the same job as men in the workforce. The present-day fight by feminists for equal pay should prevail.

All that being said, women will choose the “non-equal protection” route when it suits their radical goals such as eugenics less than a century ago. The fight for contraception and abortion in the last 50 years has been one of autonomy. Women want to deny men the right to decide with their partner or spouse the issue of contraception and or abortion. Over these subject’s women have greater rights than men and this violates “equal protection” for all. In Planned Parenthood v. Danforth (1976) the Court held that parental and spousal consent for abortion were unconstitutional. This is extremely surprising especially considering that youths did not have to gain consent. Youths in American history have limited First Amendment rights: there are age restrictions to vote, watch an R rated movie, join the military, drive a vehicle, marry, and drink alcohol to name few. It is hard to see how the issue of abortion does not meet these same age limits placed on many children’s rights. Besides, why wouldn’t the pro-abortion movement want a family to help a child make such a critical decision? Why leave it up to an immature person with limited exposure on the subject? As far as spousal notification the pro-abortion movement feared spousal abuse. I am sure there is a slight possibility of spousal abuse, but that can be settled if there is a police history of spousal abuse then spousal consent can be waived. The pro-abortion movement would argue that women may fear going to the police so there may be no record of spousal abuse. If that is true, then they would probably fear having an abortion more. I lived in a household of abuse and the police were routinely called to our residence by our neighbors. Thus, establishing a police record showing possible abusive behavior at a household is not an undue burden to waive spousal consent.