Roe vs Wade goneburger

A leaked draft US Supreme Court opinion shows that a majority of the Supreme Court are going to reverse the 1973 Roe vs Wade decision which found abortion to be a constitutional right.

I believe abortion should be a constitutional right, but that the way you get it to be a constitutional right is to stick it in the constitution!

I blogged back in January:

Like RBG, I like the outcome of Roe vs Wade. I’d vote (if in the US) for a constitutional amendment stating abortion is a right. But the fact I agree with the outcome, doesn’t mean I think the judgment is a good one, which should stand.

From a policy point of view I’d love it if the Supreme Court declared taxation greater than 10% of income is unconstitutional. It would be great. But it would be just as wrong for the Supreme Court to invent low taxation as a constitutional right. And imagine how outraged left wingers would be if the Supreme Court declared taxation over 10% illegal. Well that is how many on the right feel about Roe vs Wade.

I also commented:

It is a terrible decision. It is one of the worst decisions made by the Supreme Court where a majority of Justices just decided to invent a constitutional right, because that would align with their policy preferences.

One of the reasons abortion is such a divisive issue in the US, is because of resentment that the Supreme Court decided the issue for the entire country, rather than have it decided democratically through legislatures as we have done in New Zealand.

If the Supreme Court does reverse Roe vs Wade, then abortion law will be decided by state legislatures in the US, just as abortion law in New Zealand is decided by the House of Representatives.