Op-Ed: Dobbs Doesn’t Give States Free Rein on Abortion

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Following the overturning of Roe v. Wade in the Supreme Court’s Dobbs decision last June, California, Vermont and Michigan have passed ballot measures to enshrine “abortion rights” in their state Constitutions.

But Dobbs was not a carte blanche for the states to make any laws they like on abortion. No way! Supreme Court scrutiny is still required.

The states were given responsibility — not absolute permissiveness. Big difference.

Dependency does not confer ownership or killing rights.

State constitutions must still align with the U.S. Constitution. Indeed, state, federal or presidential attempts to codify in law any alleged right to abortion must always be disallowed by the Supreme Court as unconstitutional.

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In ensuring all legislation is consistent with the Constitution, the Supreme Court retains the same duty as always to monitor state and federal conformity to the Founders’ “no property in man” principle. Neither President Joe Biden nor Congress nor the states have any authority to award to pregnant women ownership and killing rights over their unborn children.

Indeed, the Supreme Court in Yick Wo v. Hopkins reasoned correctly: “For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.”

That the right to life of a small daughter or son in her or his mother’s womb should be held at the mere will of another is indeed the essence of slavery itself.

Oath to preserve, protect and defend the Constitution

Should states outlaw abortion?

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Any law protecting the utterly defenseless unborn child from deliberate extermination is not an arbitrary or abusive exercise of state power. It is an absolutely necessary exercise of a state’s duty to protect the powerless from lethal violence.

State power becomes abusive when it introduces laws that legalize and facilitate the killing of innocents in their mothers’ wombs as though they are their mothers’ private…


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