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Roe v Wade, Doe v Bolton: The Deception Continues
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The abortion lobby, their media lapdogs, and pro abortion politicians have been able to continue the deception that there is a "right" to take innocent human life in the womb because of a scam perpetrated by the United States Supreme Court in 1973. On January 22, 1973, the U.S. Supreme Court struck down all laws in every state that, in any way, had once protected the lives of developing unborn children. It effectively legalized procured abortion, in all 50 states, for the full nine months of pregnancy.
Highlights
Catholic Online (https://www.catholic.org)
1/18/2015 (1 decade ago)
Published in U.S.
Keywords: Roe v Wade, Doe v Bolton, Pro Life, Catherine Contreras, March for Life,
WASHINGTON,DC (Catholic Online) - The abortion lobby, their media lapdogs, and pro abortion politicians have been able to continue the deception that there is a "right" to take innocent human life in the womb because of a scam perpetrated by the United States Supreme Court in 1973.
On January 22, 1973, the U.S. Supreme Court struck down all laws in every state that, in any way, had once protected the lives of developing unborn children. It effectively legalized procured abortion, in all 50 states, for the full nine months of pregnancy, even for social and economic reasons.
The highest court in the United States manufactured out of whole cloth a new, basic constitutional "right" for women to take the life of the child in their womb, grounding it in an interpretation of the "right to privacy".
This manufactured right to take innocent human life in the womb utterly ignores the fundamental Human Right to Life which is inscribed in the Natural Moral Law and articulated in those words found in the Declaration of Independence affirming that we are all endowed by our Creator with certain inalienable rights. Beginning with the Right to Life.
The majority of the US Supreme Court, in an act of judicial arrogance, maintained that this so called "right" could be found in "the penumbra" (the word literally means shadow region) of the Constitutional right to privacy - which it had elaborated upon only a few years earlier.
Now, that right to privacy was "broad enough to encompass a woman's right to terminate her pregnancy."
The Court stated that the law protects only "legal persons" and that "legal personhood does not exist prenatally."
It attempted to prohibit any legal restrictions on abortion in the first three months, effectively jettisoning long entrenched precedent in both State and Federal Court Opinions and legislation.
No restrictions from then on, until viability - except those needed to make the procedure safer for the mother.
Abortion was allowed until birth if one licensed physician judged it necessary for the mother's "health."
Roe vs. Wade, U.S. Supreme Court 410 U.S. 113, 1973 and Doe vs. Bolton, U.S. Supreme Court 410 U.S. 179, 1973
But didn't the Supreme Court say that abortion could be proscribed by States?
"State regulation protective of fetal life after viability has both logical and biological justifications: and if a state is interested in protecting fetal life after viability, it may proscribe abortion during that period except when it is necessary to preserve the life or HEALTH of the mother."
Hmm, that looks like it allows states to prohibit abortion after viability, right?
Not so fast! Here's, the scam.
In Roe, the Court chose to omit any definition of the word "HEALTH." The same day they issued Roe, they also issued the "companion decision." That's where two or more decisions on a common subject are released which must be read together to get the full effect of the ruling.
The companion to Roe is the case of Doe v. Bolton - and within it is found the definition for HEALTH:
"...in the light of all factors-physical, emotional, psychological, familial, and the woman's age-relevant to the well being of the patient. ALL these factors may relate to HEALTH."
Doe vs. Bolton, U.S. Supreme Court, No. 70-40, IV, p. 11
The "HEALTH" definition effectively makes abortion on demand, abortion for Any Reason, the current state of the law.
"Maternity or additional offspring may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by childcare.
"There is also the distress for all concerned associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically or otherwise, to care for it.
"In other cases the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors that the woman and the responsible physician will consider in consultation."
Roe vs. Wade, U.S. Supreme Court, No. 70-18, p. 38, Jan. 1973
The Supreme Court of the United States thereby created the illusion of a compromise by ruling in Roe that the states can prohibit abortion under certain circumstances unless the pregnancy threatens the woman's life or health.
They then buried within Doe a definition of HEALTH so broad that it covers any circumstance in which a woman might be pregnant, thus making abortion legal all nine months.
Legislation aimed at restricting abortion is often rendered meaningless with this expansive "Health" exception included in it.
"Thus, the [Judiciary] Committee observes that no significant legal barriers of any kind whatsoever exist today in the United States for a woman to obtain an abortion for any reason during any stage of her pregnancy."
Report, Committee on the Judiciary, U.S. Senate, on Senate Joint Resolution 3, 98th Congress, 98-149, June 7, 1983, p. 6
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