Thursday, February 23, 2006

An abortion ban within the United States?

Well, as great as that would be, it's not quite happened yet. However, a serious step towards such is being considered by the State Senate of South Dakota. This would be a effort that stops abortions on all levels except when the life ofthe mother is in danger.

I see this as a wonderful development, however, Captain Ed makes a good point when he says that the legislators of SD may be doing this to try and challenge Roe (which isn't a bad idea). However, the problem comes in at the SCOTUS level because of the amount of creedence that is given to stari decisis (looking back on previous rulings and folllowing what has been garnered as precident) by even some of the more conservative jurists such as Chief Justice Roberts. There is no argument among conservatives that Roe was a bad call on the part of the SCOTUS that decided it, but that is not a slam dunk reason for some members on the current SCOTUS to support an overturn of the infamous ruling due to rulings since then (stari decisis again), not to mention the back-lash that would come from lesftist/femenist groups. However, South Dakota is an interesting study in what could possibly be the will of the people across the nation concerning abortion - not wanting such a vile practice to be executed within this country on the scale that it is. I don't care how supporters try and package such an issue, it's not about "Choice" and "Women's Rights" it's about Abortion, because if it were about the others (as NOW, NARAL, Planned Parenthood, and others claim it is) then a woman would have a choice and a right to not do that. In combating such a mentality, the move by the South Dakota State Senate is a good one, even if it eventually is defeated by the SCOTUS and declared "unconstitutional" (heaven forbid), because it shows the will of the people - not the preference of an institution that has no business legislating. Thankfully the two new additions to the present SCOTUS don't believe in "legislating from the bench", so hopefully such a conviction will help the present SCOTUS to look favorably upon the efforts of the legislators that are putting forth such a courageous effort (if it gets that far).

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