Roe vs Wade should have been decided on health care rather than privacy

Wed Jul 13, 2022 5:53 pm

as I type this, Roe vs Wade was over turned by Dobbs v. Jackson Women's Health Organization


Roe vs Wade was originally decided on the right to privacy, based on the 14th Amendment, which reads

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws

neither the word abortion nor the word privacy is actually in the text.

Obviously time machines don't exist.

In the future, I think that Dobbs v. Jackson Women's Health Organization should be overturned by a more enlightened Court.


In this case, rather than grounding abortion on privacy, it should be grounded on the right to health care and doctor-patient privelege.

A woman has aright to healthcare from a physician, using established standards and health care, based on evidence based medicine, and free from government interference. Abortion qualified.

strictly speaking the words right to healthcare isn't in the 14th amendment, so a future Court should find the idea of healthcare perhaps in the 14th amendment or 9th amendment.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

obviously when the US Constitution was written in the 1770s they did not envision modern science based medicine, including abortion care.

A future court could claim that the framers intended US Citizens to seek health care when they wrote this.

Obviously these claims will require legal research and legal scholarship. Actual examples both in history and in case law on health care and the Constitution.

Or pass an amendment on abortion rights, though I doubt that will ever pass.

I of course favor term limits on US Supreme Court justices, fixing the number to 9, etc.