Should state legislatures be allowed to decide (pro-choice), and if so pass laws that make abortion illegal?

Question

What ever happened to stats rights?

Answer 1

Pro-choice refers to the *woman's* right to choose; letting the legislature make abortion illegal takes that choice *away* from her.  The Supreme Court decided that taking away the choice of whether to have an abortion violates a pregnant woman's constitutional rights, and state legislatures do not have the right to pass laws that violate constitutional rights.

"It should be left out of the hands of the Supreme Court, because their position is to interpret law, not make it, which is the way they dropped the ball on Roe v. Wade."

Actually, part of the Supreme Court's job is to determine whether laws passed by Congress or state legislatures violate the Constitution, and they decided that prohibiting abortion does that.  That's not "making law," it's doing their job and enforcing the Constitution.  No law should ever be "left out of the hands of the Supreme Court,"  their right to declare laws unconstitutional is the only real protection our constitutional rights have.

Answer 2

Roe V. Wade took that right away from the state. That would have to be overturned (which I doubt it ever will) for States' to have that decision back.

Answer 3

States' rights have always been limited by the rights guaranteed the citizens under the states' constitutions, and, at least since the civil war, the rights guaranteed by the federal constitution.  That is why US citizens have a measure of freedom from the government.

In pretending that by giving states the right to ban abortion, you are creating more "choice" you are simply playing word games.  The states would indeed have more choice, but the people living in the state would have less choice.

There is an intellectually honest argument that abortion should be banned, but this isn't it.

Answer 4

Yes, they should be allowed to do so. But the impediment to that allowance has been the U.S. Supreme Court and its corrupt and irresponsible interpretation of the 14th Amendment. See Skinner v. Oklahoma, 1942, Griswold v. Connecticut, 1965, and Roe v. Wade, 1973. "States rights" don't mean diddly-squat when an amendment like the 14th gets MISinterpreted.

Answer 5

Abortion should be illegal, whether it takes the states or a Federal law to do it, There are some exceptions of course, rape, incest and the life or health of the mother. These are only right. In any other instance, though, it should be illegal, whether it takes legislatures or the Federal government to do it. It should be left out of the hands of the Supreme Court, because their position is to interpret law, not make it, which is the way they dropped the ball on Roe v. Wade.

Answer 6

Read the supremacy clause of the Constitution.  State rights are secondary to the federal government, and the government says abortion is legal.