How would you reply to this post in disagreement? the original question is: Should we leave it to individual states to d

[answerhappygod]

How would you reply to this post in disagreement? the
original question is: Should we leave it to
individual states to decide a woman’s right to an abortion or do
you think it is the judicial branch’s place to create a right to
privacy that encompasses the pro-choice position?
This week's discussion question is indeed intellectual but a
challenging exercise that should be detailed from a legal
standpoint. That said, I will begin with a direct answer to the
question imposed. Yes, we should leave it to individual states to
decide a woman’s right to abortion instead of allowing the judicial
branches to create a right to privacy that encompasses the
pro-choice position. For starters, nowhere in the Constitution is
there any mention or even regulations on the issue of abortion. In
a 1973 legal case, Roe v. Wade, the U.S. Supreme Court ruled 7-2
that state regulations on abortion were unconstitutional under the
Fourteenth Amendment. The Court decided the Fourteenth Amendment
protects a pregnant female's liberty to be pro-choice without
excessive restriction imposed by the government. Constitutional
interpretation came into question as the Fourteenth Amendment was
extended to support this. Along with that, the Fourteenth Amendment
is designed to uphold the protection of the unborn, as it
attributes space within the Civil Rights Act of 1866. What does
this mean? Framing this issue within the context of the
Constitutionality of the right to privacy, the Court’s decision
perceived the Fourteenth Amendment as a chance to induce a right to
abortion. What many fail to realize is that the Constitution is
completely silent on any abortion-related issues, giving the
judicial branch no place to create or “discover” a loophole that
can argue a right to privacy that encompasses the pro-choice
position, along with that, the judicial branch would be wrong to
also decide the opposite conclusion that unborn children qualify as
person entitled to due process under the Fourteenth Amendment.
Being a very sensitive topic, it would be legally right for issues
regarding abortion to be returned to decisions made by states.
Although the ability to regulate abortion would be upheld by each
individual state, as seen in the past, some outlaw abortion but
others allow for them.