I do not take a strong stand on the constitutional question of whether the 14th and 9th amendments protect a right to abortion. That is not my area of expertise, and my non-expert reading of the issues suggests to me that one can make at least plausible arguments in either direction.
My post instead focuses on the public policy question: constitutional issues aside, what level of government should set abortion policy?
If consequential arguments are blatantly inconsistent with the existing constitution, then something needs to give. That might mean choosing a less than idea policy, or instead amending the constitution.
But I see my role as thinking about what the least bad policy might be, if that were permissible constitutionally.
Hi Adam. Thanks for your comment.
I do not take a strong stand on the constitutional question of whether the 14th and 9th amendments protect a right to abortion. That is not my area of expertise, and my non-expert reading of the issues suggests to me that one can make at least plausible arguments in either direction.
My post instead focuses on the public policy question: constitutional issues aside, what level of government should set abortion policy?
If consequential arguments are blatantly inconsistent with the existing constitution, then something needs to give. That might mean choosing a less than idea policy, or instead amending the constitution.
But I see my role as thinking about what the least bad policy might be, if that were permissible constitutionally.
Make sense? jeff
Wouldn’t abortion fall under the Ninth Amendment & thus be protected nationwide (as argued by Root, Eland, etc.)?