Editor,
I appreciated the salient article in the Oct.15-16 edition of the Daily Journal on Proposition 1, about protecting abortion in California at any stage of pregnancy, but it contains two misleading quotes that need comment.
Editor,
I appreciated the salient article in the Oct.15-16 edition of the Daily Journal on Proposition 1, about protecting abortion in California at any stage of pregnancy, but it contains two misleading quotes that need comment.
First, Donna Crane of San Jose State University says that state legislation will be “not sufficient ... because Congress can always pass a federal ban.” The basis of the Dobbs decision, however, was that the federal government did not have a constitutional right to deal with the issue of abortion, that right is being reserved to the individual states. Because of the Supreme Court decision, Congress now cannot do that.
Second, a Planned Parenthood representative is quoted as saying that the proposed state constitutional amendment enshrining abortion will have no bearing on limits placed by lawmakers. But that is exactly what it does, is intended to do, and will accomplish (unless repealed by a later state constitutional amendment). No limits allowed by anyone. That is why it is proposed as a constitutional amendment and not simply a new law.
Norris Finlayson, MD
Woodside
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(2) comments
Dr, Finlayson - NO! The Supreme Court's Dobbs decision overturned the COURT's interpretation of the US Constitution and how it applied to a woman's right to abortion. Yes, under Roe v Wade there was a nationwide right to abortion. The Dobbs decision abandoned the previous interpretation and gave the power over abortion access to state legislatures AND the federal government. The argument was over whether the COURT should have enshrined the right to reproductive care or legislatures should.
Depending on how this election turns out, there may either be a federal abortion ban at somewhere between the time sperm meets egg and implants in the uterus (the most extreme potential) or up to 16 weeks across all 50 states with no exceptions for rape or incest (potential Republican plan), or a federal right to abortion for up to 24 weeks with an extended right in the cases of rape, incest or danger to the health or life of the mother (potential Democratic plan).
Mr. Wiesner – many would say the Supreme Court’s Dobbs decision corrected the COURT’s misinterpretation of the US Constitution. Any scaremongering regarding a potential federal law on abortion is misplaced as the law will likely be rendered unconstitutional. That being said, this may take a long time – as long as it took to correct the erroneous Roe v Wade decision.
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