Monday, July 06, 2009

Will Obamacare End Roe v. Wade?

At least according to this article in The American Spectator, the answer is yes:

Stated or unstated, a driving force behind modern liberalism takes root in the 1973 Supreme Court decision Roe v. Wade, in which abortion was legalized. The Court found a "right to privacy" guaranteed by the due process clause of the 14th Amendment, saying that a woman had a constitutional right to abort her child up until the "point at which the fetus becomes viable." The Court quite specifically defined viability as the point at which a fetus is "potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."

Quite aside from the political acrimony the Roe decision has generated from the day it was issued, the hot debate over President Obama's health care proposal alters the abortion debate in a fashion quite unintended. If passed, ObamaCare could instantly set up a legal confrontation between the principle behind President's health care system -- and the principle undergirding Roe v. Wade. Which in turn would launch a political battle royal between proponents of government health care and abortion rights.

Why?

A reading of the Roe decision leaves no doubt whatsoever of what abortion advocates have claimed ever since the opinion was handed down. To quote the Supreme Court decision directly:

We repeat, however, that the State does have an important and legitimate interest in preserving and protecting the health of the pregnant woman, whether she be a resident of the State or a nonresident who seeks medical consultation and treatment there, and that it has still another important and legitimate interest in protecting the potentiality of human life.

If, as Roe clearly states, "the State does have an important and legitimate interest in preserving and protecting the health [emphasis mine] of the pregnant woman" -- why doesn't it have "an important and legitimate interest" in protecting the health of the rest us?


The article goes on to point out that the fundamental premise behind universal health care is that the government could be deciding who gets what medical care thus taking the decision-making process out of the hands of the patient and putting into the hands of bureaucrats. If that's so, you can be sure that abortion advocates will be at odds with those who want a single-payor health system.

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