ANALYSIS/OPINION:
Some would have the Supreme Court render abortion unconstitutional — but the 10th Amendment implies that matters of family planning, not being mentioned in the Constitution, are no business of the federal government. That includes the federal judiciary. The states should be free to legislate whatever they please on this point, but Roe v. Wade unconstitutionally abridges this freedom. Overturning it would enable the states to permit abortion.
There are many good reasons to overturn Roe v. Wade. The decision does with a court ruling what should have been done by constitutional amendment. (Foreseeing difficulty with passing one may be why the court did an end run around it.)
“Unconstitutional” means forbidden by the Constitution. As it stands, the Constitution does not mention abortion. Accordingly, if we the people decide it should be unconstitutional, nothing less than an amendment will suffice.
JOHN S. MASON JR.
Alexandria, Va.
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