An Abortion Law with Legs

fetus

Over 40 years of failure trying to overturn Roe v. Wade demonstrates how strong the opposition has fought against the Republicans. The arguments are well known. A woman, not the government, gets to choose to deliver and keep, deliver and give up for adoption or to have an abortion.  The controversial choice is abortion. When does a child become a person with rights? In 1973, the Supreme Court decided in Roe v Wade that a child becomes a person after viability, during the third trimester.

On the same day as Roe v. Wade, the Supreme Court ruled in another abortion case, Doe v. Bolton. This case extended abortion up until birth based on the woman’s health, which included physical, mental, and emotional health. It was a sketchy case on behalf of Jane Doe, even though the real Jane Doe did not support the case and asked the Supreme Court to hear her story about the fictional case. Her appeal was denied and she has passed away.

I believe that Conservatives and Republicans need to stop trying to overturn Roe v. Wade and instead focusing on overturning Doe v. Bolton for the following reasons.

  1. Overturning Roe v. Wade is a difficult political topic because taking away a woman’s choice has strong support among non-Christians and even among some Christians. Liberal judges side with a woman’s right to choose.
  2. Overturning Doe v. Bolton involves banning abortions after 6 months. The majority of Americans do not support late-term abortions, especially partial birth, even among pro-choice women.
  3. Overturning Doe v. Bolton avoids the discussion of abortions due to rape and incest.
  4. Overturning Doe v. Bolton forces the pro-choice people to defend the abortion of a little person. An abortion delivers a dead baby and a C-section delivers an alive baby

We just completed a Presidential election cycle where I heard Roe v. Wade repeated but never Doe v. Bolton. The nominee to the Supreme Court will be nominated next week and I have heard Roe v. Wade mentioned multiple times but never Doe v. Bolton.  Why has this tactic not been tried in 40+ years? I would prefer for Congress to pass a law concerning late term abortions instead of it being a court decision. Any ideas whom in the Congress or Senate that would support this bill?Doe v. Bolton link that explains the case.

Doe v. Bolton case explained.

 

 

 

The Day Abortion Was Legalized

abortion

On January 22, 1973, the well-known Supreme Court decision of Roe v. Wade was decided by a 7-2 vote. This decision permitted women to undergo an abortion procedure up to viability, the first six months of pregnancy. This landmark decision overturned all state laws pertaining to abortion.

Most people are familiar with this case. Liberal politicians state that abortion is legal any time up to delivery because Roe v. Wade is the law of the land. Although the first part is true, it is not because of Roe v. Wade.

On the same day that Roe v. Wade was decided, another abortion case was on the docket, Doe v. Bolton. This case  challenged the Georgia abortion laws. Since Roe v. Wade was already approved, was there a need to decide on Doe v. Bolton. This decision was critical because it extended abortion options up to delivery because a woman could choose an abortion based on physical health, mental health, or emotional health. The case was filed on behalf of Doe, Jane Doe, to protect her name.

When asked by one of the justices if Jane Doe was a real person, the attorney replied that it doesn’t matter. Therefore, on January 22, 1973, abortion was legalized for the first and second trimesters and then a later decision ruling extended abortion during the third trimester.

In 2003 the identity of Jane Doe surfaced, Sandra Cano. When Sandra discovered that she was the Jane Doe in the case, she filed a motion in a district court to have her case reviewed. Cases cannot be filed on theoretical possibilities but require a party that has been harmed. Doe v. Wade was filed on her behalf without her awareness, but the district court denied her motion. A motion with the appeals court was denied also. Finally, a Supreme Court review was requested and denied. Ms. Cano died in 2014.

The courts knew that a review of this landmark decision would have been overturned since Sandra did not support the case. This is a fascinating case of legal and judicial manipulation.

  • How did both cases make the docket on the same day? Was it because Roe v. Wade was a high profile case and Doe v. Bolton would attract minimal attention?
  • Why were the justices not interested in validating that Jane Doe was a real person?
  • The courts were reticent to reopen a settled Supreme Court case, even though the merits of the case were questionable.