The Constitutionality of Abortion

The US Constitution is a contract between the people, the states, and the federal government.  That contract was violated by SCOTUS in Roe v Wade.

The contract specifically states that the functions not delegated to the United States government by the Constitution,  are reserved to the State governments, or to the people. Amendment 10.   It should be noted that the 10th Amendment was added to the Constitution (changing the contract) by the Amendment Process.   This is the only legal way the Constitution can be changed.

In DOBBS v. JACKSON , The Supreme Court corrected its error.  It ruled:   The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.

The ruling goes on to explain how there was no historical or legal basis for the original Roe ruling:

Guided by the history and tradition that map the essential components of the Nation’s concept of ordered liberty, the Court finds the Fourteenth Amendment clearly does not protect the right to an abortion. Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. No state constitutional provision had recognized such a right. Until a few years before Roe, no federal or state court had recognized such a right. Nor had any scholarly treatise. Indeed, abortion had long been a crime in every single State. At common law, abortion was criminal in at least some stages of pregnancy and was regarded as unlawful and could have very serious consequences at all stages. American law followed the common law until a wave of statutory restrictions in the 1800s expanded criminal liability for abortions. By the time the Fourteenth Amendment was adopted, three-quarters of the States had made abortion a crime at any stage of pregnancy. This consensus endured until the day Roe was decided. Roe either ignored or misstated this history, and Casey declined to reconsider Roe’s faulty historical analysis.

Read more:  Chapter 15. Abortion in the Bible and Constitution – What the Bible and Constitution state about this divisive topic.