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If you really want to do something to protect the right to an abortion, READ THIS! [1]
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Date: 2022-07-24
THIS INCLUDES THE RIGHT TO ABORTION
The Federal District Court in Roe v Wade, 314 F. Supp. 1217 (1970), said:
On the merits, plaintiff’s argue as their principal contention that the Texas Abortion Laws must be declared unconstitutional because they deprive single women and married couples of their right, secured by the Ninth Amendment, to choose whether to have children. We agree.
This was a “per curium” opinion by Circuit Court Judge Goldberg, and District Court Judges Hughes and Taylor. Moreover, when the case was decided by the Supreme Court, Roe v Wade, 410 U.S. 113 (1973), the Court noted:
“. . . the District Court granted appellant Roe declaratory relief, . . .” (at 166).
They therefore, implicitly recognized that the District Court correctly granted Declaratory Judgement when it ruled that Texas abortion statues constituted a violation of the 9th Amendment. I know of no Court decision that directly overruled the Texas District Court decision cited above.
It follows that if abortions were permitted, before quickening, as was the common law understanding when the Constitution was adopted, it was and remains one of the unenumerated rights protected by the 9th Amendment, which cannot be denied or disparaged.
Pro-choice advocates are urged to institute challenges to the many state laws that are violation of the Ninth Amendment’s right to abortion. Federal District, and Circuit Judges are free to rule that such laws infringe on rights guaranteed by the 9th Amendment, without fear of the Supreme Court ruling in Dobbs , that overturned almost 50 years of legal precedent established by Roe v Wade , which was based on the 5th and 14th Amendment’s right to privacy, not the 9th Amendment. It is time to test the limits of the 9th Amendment, and the only way to do that is through Federal Court litigation leading to decisions setting forth, as clearly as possible, which unenumerated rights are within its parameters and which are not.
The immediate goal is to get pro-choice groups to institute legal action in every state with oppressive abortion laws, seeking a Declaratory Judgement holding the oppressive state abortion is unconstitutional under the 9th Amendment. Maybe 20-30 different cases all over the country. If you are a member of, or know a member of any of the pro-choice organizations, please let them know that abortion can be protected pursuant to the 9th Amendment.
Hey Texas pro-choice groups, the 1925 abortion law brought back by Dobbs, may be the same law that was declared unconstitutional by the Texas District Court in 1970, let your Legal Department know about the 9th Amendment ruling. Forward a copy of this Diary to them.
Yesterday, July 23, I published a diary discussing the 9th Amendment abortion issue in more detail. If you are interested in more factual detail, please read “The right to abortion, up until viability, is guaranteed by the 9th Amendment to the Constitution.”
The 9th Amend is quoted in the photo at the beginning of this diary, and states:
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