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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.”

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Lillian Reheusser
Lillian Reheusser
13 days ago

How refreshing to hear from a judge with common sense who can not only read but can also understand the Constitution. We have heard from many Constitutional scholars who would agree with him. Roe v Wade was one of the first and biggest progressive moves this country made and we see where we have gone from there. It is ruining our country. The Constitution was one of the greatest documents ever written and we must get back to the fundamentals of the United States before we can no longer recognize the country we were meant to be.

Constitution
Constitution
13 days ago

If there is a constitutional right to murder, then it is time to exterminate all democrats!

Jerry
Jerry
13 days ago

I anticipate the left will soon ban the Constitution as being unconstitutional. Don’t laugh. Nothing is off the table for the communist party, uhh, I mean democrat party.

Robert Bagnell
Robert Bagnell
13 days ago

I think the judge is absolutely right. What we see with ‘Roe’ is that progressives take a case to liberal judges; these judges can’t actually find a Constitutional Right so they use the 14th Amendment to go around the Constitution (remember this amendment specifically deals with freed slaves and giving them full citizenship) with this amendment the liberals are able to make up new rights from whole cloth. At the time the 14th Amendment was ratified there was not any medical science enabling a doctor to perform an abortion. Same with gay marriage under ‘obectfell’ (spelling) again at the time the 14th Amendment was ratified any homosexual conduct was a criminal offense. What should happen in both cases is First the Supreme Court overturns both cases and require that the proponents take both issue to the American people via the procedure for Constitutional Amendments

russell d remmert
russell d remmert
11 days ago

the judge is right , thank you