By John F. Di Leo -
Abortion has been at the forefront of American politics for 50 years, ever since the Supreme Court chose to nationalize the issue in Roe v. Wade, declaring that the federal government, as constructed by the Constitution, did indeed have a role to play in the question.
The Court, as expressed by Associate Justice Harry Blackmun, determined that state laws against abortion may conflict with an expectant mother’s Constitutional “right to privacy” – a concept not actually found anywhere in the Constitution, but created for Griswold v. Connecticut in 1965. Under Roe v. Wade, the federal government can therefore split a pregnancy into three arbitrary timeframes – trimesters – in each of which, the states have various limited latitude to restrict the procedure.
In 1992, after twenty years of ridicule, the Court finally admitted to the illogic of the arbitrary trimester distinctions in their decision on Planned Parenthood v. Casey. Here, they largely replaced the trimester concept with the idea that fetal viability should be the key point at which states and the federal government trade primary authority. And now, in 2022, with the leak of Justice Samuel Alito’s 98-page draft opinion on Dobbs v. Jackson Women’s Health Organization, it looks likely that our nation’s abortion laws will be changing again.
Continue reading "Di Leo: Abortion and the Will of the People" »