Johnstone said the 1972 Montana Constitution would prohibit such a law.
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Regarding the question of whether Montana could pass a law to outlaw abortion in the state, Dr. Those are the Chief Justice Roberts, and then two of the most recently appointed justices, Justice Barrett and Justice Kavanaugh.” “Three of the justices have expressed their doubts about abortion rights under the Constitution, and then there are three justices in the middle that I think the advocates and court watchers were paying the most attention to. “Going into the case, three of the justices have expressed their continued support for abortion rights under the Constitution,” he said. Looking at the case and the current makeup of the U.S. “The ability to have children against compulsory sterilization laws, the ability to use contraception and your choice about whether to have children or not, and abortion by a 7-2 decision in 1973 is included in those rights, according to the Roe vs Wade decision.”
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“So the 14th Amendment was ratified in 1868, to provide full equality of citizenship after the Civil War, to all persons born in the United States,” said Professor Johnstone.
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Constitution that has evolved into including the power over a person’s body which can include abortion. He referenced the 14 th Amendment to the U.S. Anthony Johnstone teaches law at the University of Montana. And we believe that that life begins at conception.”ĭr. We believe that every individual has the right to life that's imbedded in the US Constitution. It is not her entire DNA makeup, and so it's a separate individual. That baby has DNA that is unique to itself. “The problem is that that baby is not her body. “The mother says that she has the right to do with her own body as she chooses,” he said. Lazloffy said the argument that a woman has the absolute right over her own body does not take into account the separate right of the child to life. And if we do and the court rules broadly enough, we could overturn Roe v Wade, which would simply kick the issue back down to the state level, and then we’ll have to work on getting abortion outlawed in Montana, but at least it would take it away from the federal government.” That's what we're hoping is going to happen in the Dobbs vs Jackson Women's Health Center case. “With the makeup of the court that might actually get Roe v. “This is the first chance that we've had to really attack Roe v. Lazloffy believes the newest additions to the court confirmed during the Trump Administration may finally lead to the overturning of Roe v Wade.
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Not that she was pro life, but she thought that the decision on abortion should have been grounded in the equal protection clause of the Constitution, rather than finding a non existent made up right to privacy law like the court did.” In fact, Justice Ruth Bader Ginsburg believed that that case was wrongly decided. “We believe that that case was wrongly decided. Wade took the jurisdiction over abortions away from the states and placed it at the federal level,” said Lazloffy.