Federal Judge Tells Supreme Court: “Nothing in the Constitution Establishes a Right to Abortion”, by Dave Andrusko

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By Dave Andrusko, LifeNews, May 18, 2021

Washington, DC – After months of internal deliberation, in a one-line notice the U.S. Supreme Court this morning announced that the justices had agreed to hear (“grant certiorari”) the appeal by the state of Mississippi in the case of its “Gestational Age Act,” a law enacted in 2018, but blocked by Judge Carlton W. Reeves of Federal District Court in Jackson, Mississippi. Judge Reeves’s decision in Dobbs v. Jackson Women’s Health Organization was subsequently upheld by a three judge panel of the U.S. Court of Appeals for the 5th Circuit.

As several reports noted, however, even though the appeals court panel was unanimous, Judge James Ho “issued a reluctant concurring opinion expressing misgivings about the Supreme Court’s abortion jurisprudence,” The New York Times’ Adam Liptak explained. Judge Ho wrote, “Nothing in the text or original understanding of the Constitution establishes a right to an abortion,” adding, “Rather, what distinguishes abortion from other matters of health care policy in America — and uniquely removes abortion policy from the democratic process established by our Founders — is Supreme Court precedent.” …

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