Inspector is right. The supreme court can't just magically overturn Roe v. Wade because they composition of the justices is different. A case in controversy needs to work its way up to the Supreme Court, and the Supreme Court would have to overrule their own precedent established in Roe v. Wade. Both of these are extremely unlikely, if not impossible due to the existence of the other. The Supreme Court can't have a case in controversy over a subject that's already been decided, and they can't decide on something (again) without a case in controversy. At best, someone could bring a case along the peripherals like Planned Parenthood v. Casey. In Casey, the state didn't outright ban abortions, but instead created obstacles like waiting periods and requiring parental consent and this was ruled constitutional. So there are ways to attack abortion along the borders, but there are balances to keep these in check. Also with the way the Supreme Court works, this would be years and years away.
Additionally, even though abortion was not protected by the Constitution outright in specific language, it can still fall under the penumbra of constitutional protections (Griswold v. Connecticut). In the same way the constitution did not specifically say speech over the internet is protected under the first amendment, or semi-automatic firearms are protected under the second amendment, there can be a logical inference that they fall within the constitutional shadow and are thus protected.
Also, of interesting relevance to us here in the firearms community, abortion and gun control are basically the same argument from polar opposite sides:
Primary argument: "We need to ban (guns/abortions) for the sake of the children"
Courts rule: "no you can't ban (guns/abortions) outright, but states can make their own policies."
Individual states: "Well we don't like (guns/abortions) so we're gonna throw up obstacles like waiting periods, and mandatory classes, and proof of competency, and make it really hard to have (guns/abortions) in our state."
Believing the federal government or states should have the right to restrict one and not the other is quite hypocritical.
I am going to condense some of my posts into this one. (edited and reposted with a more detailed post) Antisepsis is absolutely right here. Well worded.
This brings up an important question. Inspector/Flapp/Everyone, if you believe that abortions should be state rights, do you also believe firearm control should be too? What about free speech can some states have varying laws on the definition of free speech? You cant have only one side. In this case just like a state like Georgia can place major restrictions on abortion making it a defacto ban. Hawaii can do the exact same with guns.
I believe both should be protected federally for everyone. If only I worded it as such we probably could of avoided much of the heartache of this thread. I think no matter if you are against abortion for religious or scientific views. You should support the ability for all individuals in any state to make up their decision on what they believe if its prochoice or prolife on their own. Who gets to draw the line? I have asked before but no one answered, if you did a test on your partner and the baby had genetic or physical deformities will it be okay to have an abortion then? I know people mentioned rape or incest. But why is that so special? If you truly believe all fetuses are 100% alive and human isn't that still murder? Who gets to draw the line? Who gets decide what they can pick and choose what people can do? You can't only have the things you want. Same with free speech, gun rights etc. It should be protected choice of freedom nationwide. Only you should decide what you morally believe in. Don't force your beliefs on anyone else, whether you believe it religious or scientific.
It is your right to decide for yourself. This applies to the press and everything. The left super liberals news have as much right to run as the right conservative news. You may hate on the other but you should protect their right to exist. Same with guns and everything. You can't pick and choose freedom. In the sense that you can't get some things while depriving others of other things.
AKA you cant limit someone from saying something if you don't agree with them. I would dare to go to the extremes of hate speech is free speech. I may personally think you are an utter dumbass. But you have the right to say all the stupid incorrect shit you want.
drck1000 asked what freedom I believe in, I personally believe in freedom to do what one wants. BUT a HUGE caveat is that it must not affect the freedoms of another person.
AKA own all the guns you want yourself. But if you use them to deprive someone else of their freedom (rob, murder, etc) is very bad.
So i see nothing wrong with abortion for any reason including your own mistakes. As your abortion has zero impact on my life or anyone else's. It is your decision and yours alone. If you make a decision you must find people to support that. AKA if you want an abortion find a doctor freely willing to give you one. Don't force all doctors to do it or force tax payers to pay for the abortions themselves.
Even if you believe in personal responsibility for your actions, people have the right to be irresponsible. As long as that doesn't have an impact on your rights/freedom. I am not arguing about responsibility or lack of, is relevant to this topic. I personally believe in safe sex and being responsible in that sense and have practiced it and had no issues. But that's my personal choice, I cant force that upon others. IF they decide to have unsafe sex then they run the risks of pregnancy or STI's. Then its their own responsibility to fix those issues. Hopefully they will learn but you can't force them. These rights should transcends states. Just like how (Assuming) everyone here believes that gun rights are protected everywhere. Hawaii cant ban guns and another state cant just allow it. Antithesis again perfectly illustrated it, though I am leaning more toward protected federally and less on the states choosing for various reasons that I mentioned. I personally don't agree that either issue (guns or abortion) is a states issue. But I digress.
I know some may bring up the fact that its not expressively protected under the constitution but like Antithesis pointed out internet speech wasn't either. The constitution is a perfect foundation for a great nation. But our forefathers could not predict the future much less 200 years later. What technology and advances have come.
I know FLAPP has gone to the farm to relax, so I summarized most of my opinions in this one post if he or others dare to respond. I apologize for the long rough journey here. I mean no ill will to anyone here.