A Fundamental Legal Argument Against Abortion: How Roe V. Wade Could Possibly be Overturned

In 1973, the Supreme Court held that abortion was legally the choice of every woman, regardless of her reasons for wanting to have an abortion. Specifically, the Court said that the only balancing argument was whether the abortion took place before or after the fetus had achieved “viability,” i.e., whether the fetus could live outside the womb. The Supreme Court based that decision upon a right of privacy they assumed was in the Constitution even though no such right is spelled out or even hinted at.

I am not a lawyer, thus, I am unbound by complex and tortuous technicalities in the law. I believe that legal technicalities, however impressive they may sound to the layman’s ear, often do nothing more than cloud pure human reason. But I am aware enough of what is so simply said in those documents from which all laws in the United States are drawn and upon which they are supposed to be fundamentally based: the Declaration of Independence, US Constitution, and its amendments in the Bill of Rights are among the least ambiguous and most openly clear documents ever written.

The Declaration of Independence, the first of these documents, states clearly that every human being is endowed by his Creator with certain unalienable human rights. By use of the term “Creator,” it is implicit that we possess those rights are most certainly not conferred upon us by any government. Governments do not create human beings, and because the specific identity of our Creator is not enumerated, whether we are created by God or Nature or some other as yet unidentified force, those inalienable rights are conferred upon us at the moment of creation. That moment cannot be at birth, because what we have become as human beings by the time of birth has already taken place in the womb. No person can be “created” nine months after conception, because conception is the actual beginning of the creative process. Moreover, the right of privacy, upon which the Supreme Court based its decision, can only be enjoyed by an already created being.

Trending: Duck Duck Go’s far-left political donations and abuse of user data have users FUMING

One might argue that it is sometimes necessary to take human life. But the reasons must be strong. For example, in cases of capital punishment, it is usually required by law that a capital case against a defendant must be proven beyond any reasonable doubt. In case of war, it is always necessary obtain Congressional approval.

take our poll - story continues below

Has Big Tech Gone Too Far Banning the President?(2)

  • Has Big Tech Gone Too Far Banning the President?  

  • This field is for validation purposes and should be left unchanged.
Completing this poll grants you access to Freedom Outpost updates free of charge. You may opt out at anytime. You also agree to this site's Privacy Policy and Terms of Use.

No steely reasoning is necessary for abortion. Indeed, the main argument is whether the fetus is a person or merely tissue. This argument is made false in its premise by the very nature of the term “creation”. Perhaps in cases where the child is severely handicapped or will suffer if brought to term, or in cases when the life of the mother is threatened and a choice must be made whether to save the mother or the child, there may be a legitimate argument for abortion. But to declare the arbitrary right to abort an already created human being, without just cause, even by that being’s parent, is absurd and goes contrary to all decent human conscience. Before any life is taken, including the life of a child in the womb, a case ought to be made that it is not merely desirable, but necessary.

That abortion is abhorrent is easily demonstrated by the number of its proponents who say exactly that. Many women have said that they would personally never have an abortion, but that they support the right of other women to have one. This approaches the level of contradiction if you ask why these women would not choose to have an abortion, because the answer is almost inevitably it is a matter of conscience. Then, if it is a matter of conscience, and one chooses not to have an abortion, it is logical to conclude only that one considers abortion wrong.

The life of the child in the womb is nor the property of the parents. No one owns another person, not even a child’s parents. The mother and father may take part in the act which leads to conception, but they do not actually “create” the baby that develops in the womb. In fact, the parents merely supply the physical means that lead to conception, i.e., an egg and sperm. And because they are not the Creators of that life, they do not possess proprietary rights to its use and disposal. And whether one believes in God or not, no human being can create life. It takes a force greater than human force to do that.

Don't forget to Like Freedom Outpost on Facebook and Twitter, and follow our friends at RepublicanLegion.com.

Become an insider!

Sign up for the free Freedom Outpost email newsletter, and we'll make sure to keep you in the loop.

You Might Like
Previous Daily Beast Lies: American Family Association is “Hate Group”
Next White House: We’re NOT at War with Terrorism

Join the conversation!

We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon to the right of the comment, and report it as spam. Thank you for partnering with us to maintain fruitful conversation. If you don't see a commenting section below, please disable your adblocker.

Sorry. No data so far.