Dear Editor,
So, what happened yesterday when the SCOTUS overturned Roe AND Casey? The “AND” is important because THAT is what prompted a review of Roe. The short answer for us here in Iowa is that . . . NOTHING happened . . . not a single solitary thing changed . . . nothing . . . zilch . . . nada . . .
At a national level it’s more complicated. First – the Constitution was reaffirmed. Second, the nature of our government – a Republic with democratically elected leaders living together in a Union of States was reinforced.
And finally, political power was returned to the people of this country.
If you have not taken time, please, take the time to read Justice Alito’s decision for the Majority. It’s clear, easily understood and the real meat is contained within the first 8 pages. Regardless of your feelings about the outcome – facts matter. Take the time to learn the facts.
The issue at the center was NOT Roe V Wade but Rove V Wade AND Planned Parenthood of Southeastern Pa. v. Casey which were used to justify challenging Mississippi’s “Gestational Age Act”. The 5th Circuit Affirmed the right to an abortion - because of Wade AND Casey - which elevated the case to the Supreme Court. Here is the Mississippi Gestational Act found on page 1 of the Court’s decision.”
“Page 1: Mississippi’s Gestational Age Act provides that “[e]xcept in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform . . . or induce an abortion of an unborn human being if the probable gestational age of the unborn hu[1]man being has been determined to be greater than fifteen (15) weeks.”
This forced the SCOTUS to do a deeper dive on both Roe and Casey and their ultimate finding is also on page 1.
“Page 1: “Held”
Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”
There follows over 70 pages of supporting material for this decision.
It means that the SCOTUS finds that Abortion is NOT an enumerated right implicit in the Constitution. The Constitution is very clear what happens in that event. It’s defined by the 10th Amendment.
“Amendment 10 - Powers of the States and People. Ratified 12/15/1791. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Meaning, in this case, that abortion is legal and is to be defined by the individual states and NOT the federal government.
As for the fear mongering that this will apply to birth control pills, morning after pills or gay marriage(???????) . . . the SCOTUS also clearly addressed this as well on page 7.
“Page 7: Mid-Page
The Court emphasizes that this decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion. Pp. 63–66.”
So . . . one more time . . . what happened yesterday in Iowa concerning the right of a woman to get an abortion? Nothing. Zip. Zero. Nada.
On a national level, the power to control abortion is now returned to the individuals within each state. And they seem to run the gamut. Missouri for example will only permit abortion in the case of a medical emergency. In Iowa it remains legal up until the fetus is 20 weeks old. In Colorado abortion would be legal up to the moment of birth. Bottom line, we, as citizens can now determine what parameters surround abortion in our own individual states. If we don’t like them, we can travel to a state that meets our criteria and have an abortion done there. Or, we can replace the legislators with ones more to our liking during the next election cycle and change the state law.
Bill Keller
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