An appeals judge in the abortion case that is now before the U.S. Supreme Court declared in a separate opinion that there is nothing in the U.S. Constitution that provides for a “right” to abortion, as the high court famously found in its 1973 Roe v. Wade decision.
Judge James Ho of the 5th U.S. Circuit Court of Appeals sided with the other two judges on the 5th Circuit panel in affirming Judge Carlton Reeves’ decision to throw out Mississippi’s Gestational Age Act because of Supreme Court precedent.
But in a separate concurring opinion, Ho weighed in on the constitutionality of Roe.
“Nothing in the text or original understanding of the Constitution established a right to an abortion,” he said.
“Rather, what distinguishes abortion from other matters of health care policy in America – and uniquely removes abortion police from the democratic process established by our Founders – is Supreme Court precedent.”
His comment addresses the progressive practice of using courts to create laws that cannot be passed through legislation. Similarly, the Supreme Court, by a single vote, created a right to same-sex marriage. The chief justice, John Roberts, said in his dissenting opinion that the ruling was not based on the Constitution.
Life News reported Ho explained he was “deeply troubled by how the district court (in the abortion fight) handled this case.”
“The opinion issued by the district court displays an alarming disrespect for the millions of Americans who believe that babies deserve legal protection during pregnancy as well as after birth, and that abortion is the immoral, tragic, and violent taking of innocent human life,” he wrote.
Ho said that in such cases, citizens “may rightfully wonder whether judges are deciding disputes based on the Rule of Law or on an altogether different principle. ”
“Replacing the Rule of Law with a regime of Judges Know Better is one that neither the Founders of our country nor the Framers of our Constitution would recognize.”
The Supreme Court said Monday when it accepted the case that it will review “whether all pre-viability prohibitions on elective abortion are unconstitutional.”
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