Fresh perspectives on today’s news by: Whymrhymer

The U.S. Supreme Court is in the process of deciding the constitutionality of a 2003 Federal Law that controls one of the circumstances under which a woman can legally have an abortion — the particular procedure under scrutiny by the court is known medically as “intact dilation and extraction,” it’s opponents, however, prefer the term “partial birth abortion.”

Abortion laws have been passed in the United States literally since before there was a United States, i.e., since before the Civil War. Finally, in 1971, the Supreme court took a look at the Texas abortion law and, in January of 1973 made a decision that struck down the Texas law saying that abortion is a “fundamental right” and any state that attempts to restrict it will be subject to the “strict scrutiny” of the legal system — which means that: 1) the law that a state imposes must prove that there is a “compelling governmental interest,” in interfering with an abortion decision, 2) the law must be written to cover specific (“narrow”) circumstances and 3) the law must apply the least restrictive possible means of enforcement. The Roe vs. Wade decision then goes on to make it clear that no state law can prohibit abortion during the first trimester of a pregnancy. During the second trimester the state can apply regulations to the abortion procedure but only for the purpose of protecting the health of the pregnant woman. During the third trimester, however, the decision allows a state to restrict abortions or make them illegal.

Except for some refinements and clarifications that have been gained through subsequent legal challenges to Roe vs. Wade, the law stands today.

The problem, as I see it, is that the decision, as it regards the third trimester, proves that the entire legal decision is based on a fallacy. The fallacy being, that the legal system can rightly insert itself into an individual’s body and intrude on that individual’s biological functions.

As John Locke stated in his “Second Treatise On Civil Government”:

“Every man has a property in his own person: this no body (sic) has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his.”

This is a fundamental principal of a free, civilized society.

The implication of Locke’s thoughts, as applied to the government are obvious. The government’s proper role in any civilized society, regarding the individual citizen and that citizen’s rights, is to regulate interactions between people for the purpose of preventing harm to be caused to an individual by the actions of another (or other) individual(s).

It’s seems ludicrous to even have to mention it in any context but common sense dictates that no government agency can rightfully (or truthfully) assert a “compelling interest” in an individual’s biological functions. There are obviously those in high places who are not sure.

We see that the Supreme Court, in Roe vs. Wade, first states emphatically that the abortion procedure is a “fundamental right” and then we see them turn around and give government agencies the power to restrict and even deny that fundamental right to a pregnant woman under circumstances that they decide constitute a “compelling governmental interest.” Suddenly a fundamental right (in service to their own purposes) is no longer fundamental.

Maybe the word “Supreme” has gone to their heads but they should not have the power to take away what even they acknowledge to be a “fundamental” nor should they have the power to assert that it is even possible for a government to have a “compelling interest” in a purely biological function that has no effect on the health or welfare of the greater society.

Links:

Washington Post: No Pointers to Ruling in Abortion Case

World Net Daily: Legitimizing partial-birth abortion

From the blogosphere:

Otto Ponders: Court Arguments

The Point: Partial-Birth Abortion, Round 2

Whymrhymer’s fresh perspectives on today’s news, as published at BNN, also appear at My View from the Center. You are always welcome there!

powered by performancing firefox

Be Sociable, Share!