Tuesday, March 07, 2006

South Dakota abortion ban

Earlier this week, there is a debate among both sides of the abortion issue in South Dakota. Pro life advocates are fighting with pro choice advocates, and vice versa. The fighting is centered on what will the state allow or don't allow on abortions. Governor Mike Rounds signed into law banning all abortions except when the life of the mother is in danger. The law will go into effect July 1.

Now, I am fuzzy on the pro life v. pro choice debate. But, on a constitutional basis, I am certain on this: on a national decision, Roe v. Wade is unconstitutional. There is no mention about "abortions" anywhere in the Constitution, and the Tenth Amendment says if it isn't in there, then we should leave it to the states. Now, on the pro choice side, there is a right to enjoy a zone of privacy in the Ninth Amendment, decided by Griswold v. Connecticut. On the pro life side, there is a right to life found in the Fifth Amendment. There can be an honest debate on the constitutionality of the matter, and the verdict can go either way. So, if there is any doubt, we should leave it to the states. If we have 50 state Roe v. Wade decisions, that is fine with me. If we have a law like the South Dakota abortion law, that is fine with me too. The Supreme Court should uphold South Dakota's law. Anyway, there is a third option besides keeping or aborting; adopting. But, it will take too much power out of the Supreme Court, so the decision is anybody's guess.


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