Indiana University professor discusses the overturn of Roe vs Wade

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(Photo supplied/Indiana University)
The ruling overturning Roe versus Wade essentially takes away Constitutional protections for legal abortion. But, Indiana University professor of Constitutional Law Dan Conkle says it doesn’t guarantee protections for the fetus.
“There’s not a Constitutional right to life on the part of the unborn fetus,” he explained. “This is simply declaring that it’s up to the states to decide through the political process whether and to what extend abortion should be permitted, prohibited or regulated.”
Cokle said the state legislature has an opportunity to act soon, with a special legislative session coming up July 6, to deal with a refund to Hoosiers.
“I think it is highly likely that states will act, including Indiana,” he said. “So, the real question I think is, for a state like Indiana, how far the legislature might choose to go.”
Conkle said any state might run into trouble if they go all the way with a total abortion ban, because of a Constitutional test, which he describes as lenient, which remains. It’s called the “rational basis test”.
“There is possibility, for example, if a state did not include an exception to protect the life of the woman, I think there would be a strong argument that that might be irrational in violation of the rational basis inquiry,” he said.
Conkle said Indiana’s legislature, should they choose to act soon, would likely face one big question, and that is how far to go in restricting abortion.
“The issue is basically going to be, assuming the legislature wishes to prohibit or regulate abortion more completely than they do at the moment: what period of gestation should be the line between permitted abortions and impermissible ones?”

4 COMMENTS

  1. Regardless of anyone’s personal views on abortion itself, restoring the 10th Amendment right of the States over the bloated Federal government is a proper interpretation of the Constitution as written.

  2. Agree on the 10th Amendment.

    Now we need to get rid of the 17th Amendment that changed how US Senators were chosen. (Maybe the 134th too.) A boatload of crap form DC could have been easily stopped by either US Senators, including our two stooges, obeying their oath of office to the very word, or the legislature still being in control of who is US Senator. The founders contemplated that if the federal establishment got out of control, as it is today, States could and would recall their senators for consultation thereby keeping the US Senate from having a quorum. No quorum in the US Senate and the falderol stops post haste. We are a 50 state Republic. We are not a democracy even though we have some democratic processes. Those process are short circuited when there is election cheating of any kind and no matter the scale of the cheating. Every false vote takes the right to vote away form another voter. The founders deemed democracy to be mobocracy. We are seeing mobocracy once again running rampant in the streets. Mobs are emotional are cannot be trusted to render a proper decision that protects or gives voice to everyone. Oddly enough the pro-abort worshipers of Moloch we see today aren’t even operating on the actual ruling from the Court. SCOTUS did not ban abortion. They only said it would be up to the legislators and The People of each state to decide for themselves. Already the ACLU is suing one state expecting to prevail in court Except now the supremes say do not apply here on this issue. If the Moloch worshipers want nationwide abortion on demand then they need to get a constitutional amendment to that effect. Sadly not only do they not understand the ruling, they are utterly ignorant about the civic process of this once great Republic.

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