Craw_DaddyIt wasn't constitutionally protected... The Roe v Wade decision was based on a weak argument. Congress needs to codify the right to abortions and we need to have some actual regulation around it. Late-term abortions shouldn't be legal but everyone should have access to them.
I don't know about weak argument. I read both opinions and basically my understanding of Roe is:
- 14th amendment says a state cannot deprive any person of liberty without due process
- SCOTUS used that in a bunch of cases to recognize rights not explicitly mentioned as still protected, and the other example they gave is privacy (which makes sense, liberty is pretty vague and definitely open to interpretation)
- So SCOTUS used that same logic and said a women's right to do what she wants with her body is also protected even if not explicitly mentioned
But they didn't stop there: they also recognized the right for states to protect the potential for life (unborn child), and how these two interests were in conflict, so they came up with a compromise: first trimester - the woman's right prevails, third trimester - the potential child's life prevails. (as for the second trimester, government can regulate it)
This seems like a sounds argument, and a balanced compromise that recognizes the two conflicting interest (not everything is black or white).
The new opinion, on the other hand, basically says that you can't interpret what goes under liberty, and since abortion is not explicitly mentioned, it's not protected. It also says we should therefore revisit everything else that has been previously put under that same umbrella: gay marriage, contraception, interracial marriage, etc. (there are a LOT of other rights that have been put under the 14th amendment)
I still think the right to do with your body what you want falls under liberty ("the power or scope to act as one pleases") and therefore should be recognized by the constitution, I think it's a sound argument, so I disagree that Roe is weak.
But I agree with you that congress should now codify abortions, no way around it, and democrats and moderate republicans certainly had plenty of time to do that in the past 50 years, it's a shame it had to come to that for them to now more seriously consider it.