Supreme Court’s abortion overreach

Question of the Day

Should Congress make English the official language of the U.S.?

View results

All government officials in the United States pledge to uphold the Constitution as written. These oaths affirm that the rule of law is superior to the rule of any person or group.

This principle requires that each branch of government act only within its stated constitutional authority. The courts may have power to rule that a law is unconstitutional and void, but do not have authority to substitute a new law for the old.

Currently, legislators in Iowa are planning to introduce a bill that will ban abortion after 20 weeks except where the mother’s life is in jeopardy. Abortion advocates claim that this would be unconstitutional because it departs from the viability rule set out by the United States Supreme Court in Roe v. Wade (1973).

When the Supreme Court ruled that the Texas abortion statute was unconstitutional, it should have stopped right there. But the court went on to legislate a new trimester system of rules for the whole nation to follow. It did not have constitutional authority to substitute these rules as new law. It should have been left to the legislature of each state to craft its own new abortion law.

In his Roe dissent, Justice Byron White wrote that the court had “constitutionally disentitled” the people and the legislatures of the states from their right to weigh and balance the relative rights of the fetus and the mother.

By enacting abortion rules, the U.S. Supreme Court exceeded its constitutional authority. Therefore, the rules should be voided and not allowed to stand in the way of the new abortion law proposed in Iowa.

JOHN HESLING

Oskaloosa, Iowa

© Copyright 2014 The Washington Times, LLC. Click here for reprint permission.

Comments
blog comments powered by Disqus
TWT Video Picks
You Might Also Like
  • Maureen McDonnell looks on as her husband, former Virginia Gov. Bob McDonnell, made a statement on Tuesday after the couple was indicted on corruption charges. (associated press)

    PRUDEN: Where have the big-time grifters gone?

  • This photo taken Jan. 9, 2014,  shows New Jersey Gov. Chris Christie gesturing as he answers a question during a news conference  at the Statehouse in Trenton.  Christie will propose extending the public school calendar and lengthening the school day in a speech he hopes will help him rebound from an apparent political payback scheme orchestrated by key aides. The early front-runner for the 2016 Republican presidential nomination will make a case Tuesday Jan. 14, 2014, that children who spend more time in school graduate better prepared academically, according to excerpts of his State of the State address obtained by The Associated Press. (AP Photo/Mel Evans)

    BRUCE: Bombastic arrogance or humble determination? Chris Christie’s choice

  • ** FILE ** Secretary of State Hillary Rodham testifies on Capitol Hill in Washington, Wednesday, Jan. 23, 2013, before the Senate Foreign Relations Committee hearing on the deadly September attack on the U.S. diplomatic mission in Benghazi, Libya, that killed Ambassador J. Chris Stevens and three other Americans. (AP Photo/Pablo Martinez Monsivais, File)

    PRUDEN: The question to haunt the West

  • Get Breaking Alerts