Name a circumstance, personal, economic, or social in which you believe my right to, whatever, outweighs your very right to live. Any circumstance in which you attempt to justify killing unborns must be applicable across the board to all human beings because of the equal protection clause of the 14th amendment. Unless, of course, you can demonstrate in some credible way that unborns are not living human beings, in which case, the constitution doesn't apply to them.
Upon what basis? Basis is the problem with roe in the first place and basis would continue to be a problem for all subsequent generations. Only a court with a pre existing agenda could find basis for roe and considering the nature of our constitution, the only basis may be found in the the assumption that unborns are not human beings.
Casting about through history looking for justification is not a luxury that the supreme court is supposed to have at its disposal. The supreme court is supposed to be limited to determining the constitutionality of laws and the constitutional application of law with regard to clashes of rights between individuals. World history, and foriegn legal decisions have no bearing on constitutionality. Further, if a judicial body, even your own, is allowed to 'brouse" through hstory seeking justification, they can effectively ignore your own governing documents and justify practically anything. Does your high court routinely brouse history seeking justification for actions that your governing documents don't support?
Abortion has not been such a contentious issue in your part of the world because your duely elected representatives wrote and legislated law that made abortion legal. In effect, the people had their say with regard to abortion. Not so here. Our say was denied by 5 unelected, unaccountable judges. Of course even in your part of the world, trouble is brewing because the laws that allow abortion don't specifically deny the right to live from human beings and the more we learn, the more undeniable the fact that unborns at any stage of development becomes.
Again, You the people had your say via your duely elected representatives. That is not the case here and if one can believe the polls, even those generated by pro choice organizations, the chance of law being passed that allows abortion on demand as is the case now is just about nil. The great majority favor much heavier restriction on abortion.
