The Justices of the Supreme Court are likely to over-turn Rowe v. Wade and reverse the notion that the right to an abortion is protected by the Constitution. While it is possible that the Court will simply allow every State to pass whatever laws it wants, they might provide some protections for women wishing to terminate their pregnancies. Below is one example:
An Opinion Recognizing Competing Rights
“A woman who is pregnant may terminate the pregnancy any time prior to the detection of an unborn child’s heartbeat, but only if two licensed physicians attest to this. After the detection of a heartbeat, the laws of each State shall regulate the grounds for termination of the pregnancy provided that (1) the State assumes responsibility for the care of the child if the mother surrenders custody within one year of birth, and (2) the State pays for any diminished compensation and medical costs incurred to involuntarily continue the pregnancy, and (3) the State pays damages in the event that the mother dies or suffers permanent physical impairment as a consequence of the birth of the child. The State is obligated to provide these remedies for women who were residents of the State for greater than one year prior to the birth date of the child.”
State’s Interests Come at a Cost
The State can claim that it is protecting the life of an unborn child who is not able to speak for themselves. However, if this child is born, then the mother has incurred a cost if she unwillingly continues the pregnancy. In order to discourage women from simply moving into the State after conceiving a child, claiming they want an abortion, and then surrendering the child to receive money, I added the one-year residency requirement.
Therefore, this Opinion expresses the principle that the State must assume responsibility for the costs imposed upon the mother to fulfill the State’s interest in preserving the child’s life.
This recognition of the imposition of costs upon the mother is politically popular and displays empathy for all parties involved in this situation.
This Opinion moves the debate beyond the absolutists formulations of the main protagonists in this debate.
Pro-Abortion: The mother has an absolute right to control her body and any restrictions are a violation of this right.
Anti-Abortion: At conception, the unborn child is a biological human being entitled to all the rights of any human under this Constitution.
My Opinion upsets both sides of the debate, but it is likely supported by 2/3’s of Americans who admire the passion of both camps, but prefer to move on with a peaceful compromise.
David Barulich