That being said, I believe women SHOULD have a right to get an abortion enshrined in law. It is up to our re-elected representatives to achieve this, not for the courts to invent rights thereof.
That being said, I believe women SHOULD have a right to get an abortion enshrined in law. It is up to our re-elected representatives to achieve this, not for the courts to invent rights thereof.
Of course, congress could pass a law enshrining the rights to an abortion tomorrow. This would grant and preserve this right for all Americans, regardless of state, due to the supremacy clause. Hopefully, this does happen.
A simple drafting of a law is not the whole of "due process"; the very Roe v. Wade encapsulates that. (Of course, now overturned.)
But also, take the cases of forcing a women to have a child she did not have a say in (rape) or which will kill her (e.g., ectopic pregnancy). These seem pretty close to bill-of-attainder type situations, but also, due process.
I'd also argue you need to overcome the equal protection clause; bodily autonomy seems to me like a right that we generally honor — we do not force organ or blood donations upon people — yet, here, we strip that right from one sex in particular?
Of course, this is only applicable if the Congress fails to act; were they to pass a law that enshrines the right to bodily autonomy, there would be no issue.
There is no federal law granting the right to abortion. Therefore, states may have enact their own laws to either affirm or restrict access to abortion. This process is due process.
Any state law that deprives someone of life and / or liberty is unconstitutional.
If someone needs a life-saving abortion, the state cannot deprive that person their constitutional right to life.
It's not. It's literally not. Stealing food is illegal, even if you were going to die of starvation without it. Breaking into someone's home is illegal, even if you were going to freeze to death outside. And now, in some states, abortion is illegal, even if you were going to die from giving birth.
States or congress should pass a law allowing abortions if that's the will of the people. The court should not invent a law out of nothing; this ruling is legally correct.