You might think that racism is a black and white issue. You would be wrong, but that might well not stop you thinking as much. And you might think that abortion is a “right or wrong’ kind of thing as well. And you would be wrong about that too.
But not so wrong, perhaps, as the judges in Roe v Wade, the US Supreme Court case back in the 1970s, which said that US States were not free to legislate about abortion, save within the rules that SOCUS then invented. Is it really a case of sausages? I will get onto that in just a moment, but first a quick look at the law. For that, we need to start in 1868, the date of the Fourteenth Amendment to the United States Constitution, and in particular section 1 of it. Bear with me. It is quite short:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
And the relevant bit here is just this bit in that section:
…nor shall any State deprive any person of life, liberty, or property, without due process of law.[5]
Let us start by clearing something up. A foetus is not a “person” for the purpose of this section. At the risk of stating the blindingly obvious, an unborn child has not been not born in the United States, or anywhere else for that matter. Nor, Continue reading →