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Contact me for information on how to protect abortion rights. [1]

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Date: 2022-07-26

ABORTION MAY BE UNCONSTITUTIONAL

The right to abortion is guaranteed by the 9th Amendment to the US Constitution, which states:

“The enumeration in the Constitution, of certain rights,

shall not be construed to deny or disparage others retained by the people.”

The US District Court for the Northern District of Texas, in Roe v Wade, 314 F. Supp. 1217 (1970) initially considered if plaintiff Roe’s abortion claim was ripe for adjudication, and if she had the requisite standing to bring the case before the Court. Because she was pregnant at the time the case was filed, she had standing, and the issue was not moot.



Next the Court considered whether or not there was an available state court remedy to determine the issue of the constitutionality of the state abortion law requiring the Court to abstain from deciding the issue in Federal Court. The Court found there was no viable state court remedy, plus the Court determined there was an actual controversy requiring adjudication, and it was the duty of the Federal Court to decide the issue.

The Court then proceeded to decide the merits of the case under Rule 57 of the Federal Rules of Civil Procedure (FRCP) and held:

On the merits, plaintiffs argue as their principal contention that 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 or not to have children. We agree.

At the time the Constitution was adopted, abortion was understood pursuant to Anglo-American common law, which generally held abortion legal up until quickening (first fetal movement), about 16-20 weeks after gestation. It follows that if abortion was a right at the time the Constitution was adopted then it was one to the un-enumerated protected by the 9th Amendment which could not be denied or disparaged.

If your State is one of the states with strict abortion laws providing no exceptions, then the language of the abortion law would provide all of the facts needed for the Court to adjudicate the Constitutionality of the Law, no trial would be necessary, it would be an expedited procedure.

Abortion rights groups should immediately institute cases in Federal Court, requesting a Declaratory Judgement under Rule 57 of the FRCP challenging individual state abortion laws as unconstitutional pursuant to the 9th Amendment, and the Federal District Court Judge has a duty to decide the issue brought pursuant to Rule 57 of FRCP.

Imagine 20-30 cases in States all over the country challenging oppressive abortion laws pursuant to the 9th Amendment. If you are or know a member of a pro-choice organization, please give them this information and urge them to institute litigation in Federal Court to guarantee abortion under the 9th Amendment.



Please leave a comment if you were able to contact your state pro-choice organization, indicating the name and contact information, including an email address if you have one, for the organization. In the alternative, contact me directly through the DK messaging system giving me the name of the organization, and the email address and I will contact them myself.



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[1] Url: https://www.dailykos.com/stories/2022/7/26/2112657/-Contact-me-for-information-on-how-to-protect-abortion-rights

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