We all have very real feelings about the reversal of Roe Vs Wade.
In the coming days you will hear explanations that will attempt to quell anger. One argument already making the rounds is that, "This is not a ban, this merely sends the question of abortion back to the states."
To be clear, this an attempt to marginalize the basis that abortion access/reproductive rights stem from.
When creating the Bill of Rights, the writers understood that the Constitution left out provisions protecting a person's autonomy. So they constructed amendments that spoke directly to a person's right to make decisions regarding their own life.
The Bill of Rights places the onus of protecting a person's autonomy squarely on the federal government's shoulders. It is the duty of the Federal Government to protect the individual civil rights of its citizens, and chief among those is the ability to make decisions about our own lives.
This decision cast a blind eye towards history and hundreds of years of legal precedent by enumerating the states with the power to make their own standards when it comes to personal autonomy.
Protecting the individual civil rights of people has always been a Federal duty. It should remain so.
This ruling is dangerous. It pushes the standard of civil right protections to be chosen state by state. This is why Justice Thomas alluded to Same Sex Marriage and Contraceptive choice being the next protections that might be measured by this interpretation of the Constitution.
Article IV Section 1 and 2 of the Constitution allow us some insight into our founding philosophy. There needs to be a set standard for the rights of a citizen so that a person is not treated differently between differing states.
Arguing as our Supreme Court did, that rights that are not specifically spelled out by the Constitution cannot be protected by Federal law is short sighted, and invites most of the rights that we have enjoyed to be now decided by individual states.
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