For years, I’ve argued that states, or voters, should decide abortion. In other words, my problem with Roe v Wade was that it took the decision away from voters!
In recent weeks, we’ve seen a surge of “blue states,” such as New York, rushing to pass their own abortion laws,.
Like her fellow nominally Catholic governor Andrew Cuomo, Rhode Island Gov. Gina Raimondo, who is also nominally Catholic, supports legislation making abortions legal up until the moment of birth.
The legislation, titled “The Reproductive Health Care Act, “ states that the state shall not “restrict an individual person from terminating that individual’s pregnancy after fetal viability when necessary to preserve the health or life of that individual…”
The legislation asserts, “For purposes of this section, ‘fetal viability’ means that stage of gestation where the attending physician, taking into account the particular facts of the case, has determined that there is a reasonable likelihood of the fetus’ sustained survival outside of the womb with or without artificial support.”
The legislation repeals language in the state’s general laws saying that human life begins at conception.
Where do we go from here? As I recall, Roe v Wade was about abortion in the first 12 weeks or so said the front page story on The New York Times back in 1973.
Are the new laws in New York or the ones contemplated in New Hampshire or Virginia in violation of Roe v Wade? Did anyone ever say that a woman has the right to an abortion at any time of her pregnancy? Did Roe say that?
Furthermore, does Texas, or another state, now have the right to pass a law that restricts abortion after 12 weeks?
It’s a moral and legal mess. Maybe it’s time for the Supreme Court to overturn Roe and let the states figure it out. It appears that some are already doing that!
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