There is nothing in the Constitution about abortion being a "right."
In the 1960s was a time of 'make love, not war' and sexual promiscuity was at such a level it make prostitution almost obsolete. With having many partners as often as possible produced an unwanted issue, other than STDs... unwanted children. From the end of WWII... until roe vs wade, live births in the US remained at about 23 to every 1,000 women (currently we are below 13 per 1,000). But, during WWII, women found themselves with careers... more important things to do that made them happy and having a baby was limiting. Many states had laws against abortion and this made some women unhappy. So they sued... the SCOUTS were under pressure... uphold the states' rights or bend to the very vocal, and tax paying, Democrats.
So, baring a specific Constitutional Right to kill an unborn child... the SCOUTS decided that it was a matter of "privacy." Although the Constitution does not guarantee anyone the right to privacy. But, they decided if they stood on their head, stuck out their tongue and crossed their eyes they could almost see privacy built into the Constitution. You see the "right" that Blackmun and the rest of the majority claimed to discover, right to privacy chief among them, was apparently unknown to the framers of the Fourteenth Amendment. At the time that Amendment was passed in 1868 there were laws against abortion in 36 states, including the very Texas law that the Court was now striking down. There apparently was no question concerning the validity of this provision or of any of the other state statutes when the Fourteenth Amendment was adopted. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter.
In the end, Roe v Wade had many problems.... there was no plaintiff, the Constitution does not guarantee a right to privacy.... and the 14th Amendment did not/does not apply because abortion was not a consideration when it was framed. The SCOUTS in 1973 simply made up meaning and inserted their personal preferences when deciding Roe v. Wade. An interesting, Norma McCorvey, the roe portion of the case never had an abortion and regretted her part in having this law passed. Finally, the right to life, which is Constitutional, was never considered in favor of sparing a child's life. For all that think that an embryo is nothing more than cells... science has confirmed that group of cells is human and that group of cells as early as 6 weeks in gestation feels pain. It is science... not religion or man made law... it is a fact.
So Tommy, although we came to the same conclusions from opposite directions.... you are absolutely right. I challenge anyone to find in the Constitution the right to Privacy.... which was the foundation of the roe v. wade.
There is nothing in the Constitution about abortio... (