A hot-button issue to which Paul applies this principle of local control is abortion. The famous court case Roe v. Wade first involved the federal government in abortion - prior to that, only states had passed laws on the procedure (or not - in a few states, abortion has never been addressed by state law (making it by default legal) for the entire history of the United States). The current position of most groups that support the continuing legality of abortion (such as Planned Parenthood) is to attempt to maintain a Supreme Court that will uphold the Roe v. Wade and related decisions. The current position of most groups that oppose the legality of abortion is to amend the United States Constitution to allow the federal government to ban all abortions (or with very limited exceptions such as life of the woman and rapes that were reported to the police within a certain time of the rape), throughout the country.
But most Americans do not entirely subscribe to either of these. Most Americans (as far as I can tell reading the polls) believe early abortions are undesirable but should be available, while late abortions should be prevented in all but the most extreme cases. Exactly where the dividing line between early and late abortions falls, and in what cases late abortion should be allowed are highly controversial. But almost never debated, because the Supreme Court has hamstrung state's ability to act on these issues:
- Only the vague characteristic 'viability' can be used to determine when abortion can be severely restricted or banned, and the physician performing the abortion has to be the one determining whether the fetus is viable or not.
- Cut-off dates are not allowed - not 20 weeks, not 27 weeks, not 35 weeks. Only the physician's (the one performing the abortion) personal judgment of viability.
- Requiring the opinion of a second physician on viability has been forbidden by the Supreme Court. This despite the fact that all abortions done for serious health reasons of the mother or fetus invariably have involved multiple doctors to confirm the diagnosis. Only elective abortions involve only one physician.
Note, this is my personal take on the effect of Paul's policies. Paul's personal beliefs are staunchly pro-life, and he feels strongly enough about the issue to have written two books on the subject: Challenge to Liberty: Coming to Grips with the Abortion Issue and Abortion and Liberty.
2 comments:
You write very well.
Thank you.
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