Question

Should the abortion issue decision be solely reserved to the national government or should the abortion issue decision be reserved to the states as per the 10^th amendment?

What are the constitutional issues related to this topic?

Answer 1

The abortion debate is amongst the most divisive issues in USA. One the one hand supporters cite the choice of abortion as an extension of bodily autonomy and on the other the opponents consider abortion as murder. The debate straddles across law, science and religion.

The privacy clause reading of the 14th amendment allows the Supreme Court to make a uniform law on abortion. But if this interpretation is disputed then the issue falls in the domain of the 10th amendment, which gives States the right to make law on all matters which are not given to the federal government by the Constitution. So when viewed under the lens of constitutional provision, this comes under the domain of state legislatures.

After the 1973 landmark judgement Roe vs Wade wherein woman's right to abortion was read as fundamental right as part of the Due process clause if the 14th amendment. After the judgement while dejure abortion is legal, various state laws are in conflict and so there are no service providers for abortion making it de facto illegal in many states.

Considering the aspect of constitutional integrity as well as basic human rights of women it is desirable that either the federal government's prerogative be established beyond doubt or the State legislatures bring appropriate law. But there is a need for the State's affirmation to the ruling of the SC through legislation as till then in practice the benefits are not reaching the women for whom the ruling was passed.