According to a new report, a federal judge just gave a bad grade to the argument that abortion is a U.S. Constitutional right.
Life News reports:
Judge Amul Thapar, a justice on the Sixth Circuit Court of Appeals, published an opinion Friday arguing that the so-called “right to abortion” and the cases that it is based on, Roe v. Wade and Planned Parenthood v. Casey, are “wrong as a matter of constitutional text, structure, and history,” National Review reports.
Thapar wrote his opinion as a dissent to the Sixth Circuit’s decision to strike down two Tennessee pro-life laws. One law would prohibit abortions on unborn babies once their heartbeat is detectable, about six weeks of pregnancy, and the other would prohibit discriminatory abortions based on the unborn baby’s sex, race or a diagnosis of Down syndrome.
Thapar said there is no right to abortion, even under Roe v. Wade, and there is no historical case for this supposed “right” either.
“Under any test for evaluating the historical pedigree of an alleged right, the right to an abortion does not just miss the mark. It flunks out,” the judge wrote.
Accordinig to National Review:
A right can be discerned when it is “deeply rooted” in our “history, legal traditions, and practices,” but “this is a tough test to pass. And rightly so. After all, when the judiciary recognizes a new right, we take the decision away from the American people. The Roe majority claimed that a right to abortion easily clears that high hurdle. But in doing so, it rewrote history.”