Sunday, May 26, 2019

So, you want to ban abortion?

Any law banning abortion must be done constitutionally. Here are the essential rules that any proposal must take into account. If anyone is taking your money or your vote with a plan that does not take all of this into account, they are both defrauding you and potentially attacking your rights.
1. The unborn already have the same rights as anyone else not to be killed by the government, which is how the constitution defines the right to life. There is no constitutional right not to be murdered. Instead, it is the basis of the social contract, which trades freedom for safety. There is no natural right for government to exist.
2. State governments cannot declare personhood. Only Congress can modify the terms of the 14th Amendment. To change that, all civil rights protection against state action would be repealed with Roe, including protections for all minorities, not just freed slaves, including Latinos, undocumented children to receive public education, users of public accommodation and government, gays and lesbians, women, couples and religious minorities (like Jews and Papists). For some, taking away these rights is a feature, not a flaw.
3. You cannot treat members of the same class differently when enforcing criminal law. You cannot punish contract killers and not their clients or accessories to the crime, no matter how unpopular that rule is. Also, you cannot practice selective enforcement. You cannot investigate one kind of pregnancy loss and not others. You cannot target poor people and not rich people. To give due process and effective enforcement, you must give the government the power and  and duty to investigate all lost pregnancies. That means no targeting planned parenthood and ignoring all other OB/GYNs and midwives.
4. Members of Congress will not do anything widely unpopular. State assemblies may do so, but they are not really sovereign. It is not up to either Congress or the courts to come up with a plan to stop abortion for you. If you want it done, you must say how and it must follow these rules.


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