Que
aʒɑ̃ prɔvɔkatœr
- Joined
- Dec 3, 2009
- Posts
- 39,882
The "courts" you're talking about here is the US Sup Ct and they have determined that abortion is a CONSTITUTIONAL Right, not just a judicial decision subject to being overturned because they got it wrong somehow. SLAVERY was never a Constitutional Right, thus the analogy doesn't apply.
The definition is within the code. In a nutshell, "born alive" means birthed or removed from the mother and the infant is breathing with a beating heart. On the surface, this definition COULD BE used for abortion EXCEPT that the homicide statutes make exceptions for abortion and do not include it as a homicide. This is the law, not an opinion.
Equating the Right to bear arms to abortion Rights, is not so simplistic. The 2nd Amendment specifically states that it shall not be infringed, while the Right to an abortion has no such limiter on governmental intrusion.
Tge Court invented a right to privacy, that exists nowhere in the Constitution nor body of Law. And it is uniquely applied to the relationship between a doctor and their patient and only as it relates to abortion. You will notice that there is no such right to privacy under Obamacare.
The court didn't hold that you had a right to an abortion the court simply held that there would be no way to determine if such an offense occurred because you can't compel a doctor to testify against their patient, or vice versa.