Casey, America, Eric Balki discussed on We The People
What should be a legitimate and safe surgical procedures? I am sixty seven years old. I was the last group of women in America that really depended on her head to go from state to state. I was in college and in nineteen seventy when New York state legalized abortion, so even my peers had access to legalized abortion, at least in New York and in Washington state in California, but there's a whole generation or two generations of women in America who have come to rely upon this constitutional liberty. They have focused their lives around the ability to make reproductive health decisions decide when they wanna have children or not, and frankly, for some women and this gets lost in all of this debate. Particularly women carrying of fetuses that have problems fetal anomalies that find this out very late in pregnancy. All of their decisions are much more impactful. Because of course, they wanted to have the baby but couldn't for variety of health reasons. But the health concerns are real. They affect women's lives in a variety of different ways. And it seems to me the constitution if anything should protect the health of our citizens. We will talk about those important reliance issues in a moment. But Clark, I want your thoughts on one more beat on, on the Casey decision itself. There are pro choice scholars who agreed with you that the original road decision was perhaps not entirely constitutionally convincing. But thought that Casey was more convincing especially because of its emphasis on equality. And there is after all equal protection clause in the constitution, and they agree with Justice, Ginsburg that restrictions on abortion. Pose burdens on women that are not imposed on men and therefore denied them the right to make fundamental decisions about their life's path than men are able to make as a constitutional matter. Do you find the equality argument any more persuasive than the autonomy and liberty and privacy arguments or not? No. Absolutely not changing the word from privacy to liberty doesn't root it in the constitution anymore, doesn't route. It doesn't rooted in the text or the history or the structure changing the word from privacy to a quality doesn't route it anymore in the text history or structure of the constitution, and just it doesn't justify the court being the national abortion control board and controlling every aspect of this issue. And every regulation of every clinic across the country, the court is not equipped and has failed in that role. And there are compelling arguments. In fact that the equality argument, in fact, works against women imagining. This is an equality, argument, basically rests on the proposition that women have to have the sexual lives of men to be equal and many. Women. Urge you to read the scholarly writings of the of Eric Balki of have argued that in fact equality. Argument doesn't help women at all. In fact, in employment in career in education..