Patine
Deity
- Joined
- Feb 14, 2011
- Messages
- 12,041
Well they are different. While the Supreme Court says abortion is a Constitutional right, there really isn't anything they can point to in the Constitution specifically that backs such a ruling up. However, the Constitution does specifically grant the right to gun ownership. Same with any 1st Amendment rights or any other right specifically mentioned in the Constitution.
Also, in the Roe v. Wade ruling, the Supreme Court did not rule that a woman's right to an abortion is an unlimited one. They ruled that a woman's right to an abortion must be balanced against the state's interests. Seeing as the state has an interest in both keeping birth rates up and ensuring abortions don't cause mental health issues in the women getting them, I'd say the regulations in Owen's post seem quite reasonable (except for the one that I already expressed my disagreement with) and fall well within what the Supreme Court considers reasonable restrictions on the right to an abortion.
Well, the upholding of gun rights in the U.S. leads to a lot more deaths in the U.S. every year than the number of people in that year that wouldn't be born because of the legality of abortion.I understand the distinction you are trying to draw, but its a distinction without a difference. Once the Supreme Court interprets a right into the Constitution, its the same as it being "specifically mentioned" in the document. Constitutional law that comes from the text isn't any more or less legitimate than Constitutional law that comes from the Supreme Court. So no, they're not different... at least not in that sense.That's true for all rights. The State has the power to regulate any right, fundamental/Constitutional or otherwise, if the State can show a compelling State interest in doing so and a law that has been narrowly tailored to serve/accomplish that compelling interest. This isn't some special rule that only applies to abortion rights, its a bedrock principle of how the Supreme Court evaluates Constitutionality. So again, they're not different in this sense either.