The Abortion Culture War and De-Democratization: States as Final Arbiters of Fundamental Human Rights and the Privatization of Abortion Restriction Enforcement
摘要
This chapter examines the abortion ‘culture war’ in the context of the United States Supreme Court Dobbs decision. Dobbs overturned Roe v Wade and delegated to the States the determination as to when, if ever, abortion is legal in the particular State. The decision thus equated to an abandonment of any federal constitutionally based principled guidelines in regard to the legal status of abortion in any State. In addition, the issue is addressed as to whether the United States Supreme Court properly decided Dobbs in part since the Court did not determine the fetal personhood question, even going so far as to decline to hear a subsequent fetal personhood case. Also explored is the delegation of State authority to private citizens to enforce State abortion policy thus invading the individual’s privacy, family life and also compromising their personal autonomy and bodily integrity in the process. The implications of the latter for democracy (i.e., untoward State intrusions into private life) and constitutional due process are considered as an issue that cuts across both sides of the abortion controversy.