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We Can Help Salon Out Here Over Abortion And The Biden Administration

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It’s entirely true that abortion is one of those difficult questions. It’s even true that the answers rather divide Americans. However, it’s still possible to help out Salon here with their question on the subject:

Ending Roe v. Wade is the goal of draconian new abortion laws — and we’re getting closer every day
Why does the Biden administration remain silent on abortion, when 3/4 of Americans want the right preserved?

The answer being that abortion, whether yea or nay, is nothing to do with the Federal Government. And, last time I looked at least, the Biden administration was in charge of the executive branch of the Federal government. That means that abortion, whether yea or nay, is nothing to do with them.

Yes, we know, progressives always do think that the answer lies in the Feds doing something. And yet we do actually have rules that say they have to butt out here.

Each of these women represent many others. They are the elephant in the room that no one wants to talk about as the United States moves ever closer to draconian restrictions on abortion, and ultimately the death of Roe v. Wade, the landmark 1973 decision in which the Supreme Court ruled that the Constitution protects a woman’s liberty to choose to have an abortion without excessive government restriction.

And there is part of our answer. The current situation, Roe v Wade, is not something to do with the Federal government nor the administration. It’s a constitutional point. Yes, it’s hidden in the penumbra of an emanation and all that but that’s the way 9 blokes in mummuus decided it.

What is says is that no one – including the Feds – can make laws which unduly restrict access to abortion. Whether we like it or not – and I don’t but so what – that’s where it’s at right now. It’s a civil rights thing, a constitutional right, not an action of government.

Ever since the Supreme Court’s decision a growing number of states have worked hard to promulgate laws and regulations that limit whether and when a woman can obtain an abortion.

And that’s the other half of it. We have a document – that Constitution – which tells us what the Federal government shall deal with. So we’ve got a three level system. There’re things no government should be dealing with – those rights in the Constitution – then there’s the stuff for the Feds and everything else is left to the States. And nowhere in that constitution does it say that the Feds get involved in sucking innocents through sieves, nor in preventing that happening. That’s therefore something that either gets dealt with by the rights bit, the constitution itself, or it’s something that’s done by the states.

Which is why the Biden Administration isn’t doing anything very much about abortion. There never has been a Federal abortion law, there won’t be – at least there won’t be done that withstands Supreme Court examination – and so it’s not something that the Federal Administration, whoever it is, makes much action on nor expends much effort.

Because, you know, it’s nothing to do with them.

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2 COMMENTS

  1. This is currently being played out in Missouri vs the Federal government. Missouri has declared itself a 2nd Amendment sanctuary state, meaning that it will not enforce Federal laws that conflict with dthe 2nd Amendment. The DoJ has sent a strongly worded letter about Federal preemption. Missouri has responded with a question about all those immigration sanctuary states the DoJ seems determined to ignore.

    A subtle point here is that gun rights are one of those things that the Constitution explicitly removes from Federal and state purview. Immigration is firmly in the Federal charter. Abortion is not in the Federal charter at all via the 10th Amendment.

    It will be interesting to see how all this plays out. The current Court seems to be loth to clearly rule on contentious issues. Many recent rulings have turned on narrow procedural points.

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