| “The issues” themselves aren’t even fully agreed upon, especially if they’re not believed to be core by everyone. Everyone believes that the start of human life is a core issue. It’s the basis for the pro-life movement. It’s also a core component of the pro-choice movement (that it doesn’t start that early, thus not killing babies, etc). There are other things some people believe are core which others don’t believe even exist: * many people are happy with this ruling because they want to bring mens’ right to “paper abortion” to the front. The argument is if she can do whatever with her body and not be subject to something undesirable for nine months, than he should have the same right since his hardship can last 18 years. The supporting arguments include absolute control means absolute responsibility (if pregnancy was accidental and she decides to keep it, responsibility is hers) and others, along with the greater discussion of perceived bias in family court. Opposing arguments mostly center around the welfare of the child.
* some people are of the opinion that “if you’re not a woman, shut up”. Others are using that phrase to support their opinion on trans recognition. Still others are using that phrase to highlight situations where women have gained influence in what many men might call “mens spaces” The reality is pregnancy is a two-party result and so it’s impossible to expect one party to quietly step aside, more so when there is skin in the game. This involvement in fact helped win R v W in the first place! |
If you favor originalism, the the 9th amendment guarantees unenumerated rights which were deep rooted at the founding. Abortion before “quickening” was legal in all 13 states at the signing and had been part of common law for hundreds of years, so the 9th applies. The 14th amendment should apply that to the states, and the argument some originalists make about resetting the clock seems dumb to me.
So here are two very reasonable paths to the right that don’t involve the question about when laws start or some vague notion to the right to privacy. I think you need to have both an activist reading of constitutional law and a disregard for security of ones person to sidestep both arguments.