The first post I made on the DobbsCase [here]There has been a great deal of discussion about my position. In short, I believe that a woman’s ability to end her pregnancy is part of the Due Process Clause. This clause protects many important, intimate and life-altering decisions such as who to marry, who to send to school, what to go to church, with whom to have sex, etc. From state interference.
Many commenters object to this formulation on grounds that can fairly be summarized this way: The decision to terminate a pregnancy is not analogous to those other personal, intimate, life-altering decisions because it – uniquely – involves the taking of another human life. The state’s interest in abortion, which is protecting the life of human beings, differs fundamentally from the rest. This renders analogies unapt.
The objection I raise is unfounded. Let me tell you why. [The argument below is taken from Judith Thompson’s classic essay “A Defense of Abortion,” available here]This is a valid proposition. It isThere is no “another person’s life”, and that would lead to nothing. For argument’s sake, let us assume that life is created at conception.
Imagine that you’re involved in an awful car accident. You were driving and you lost your focus. Then you hit another car. In the aftermath of the crash, you wake up at the hospital to find that many people had died. The driver of the vehicle in front, the victim, is still alive but has been placed on life support. Her kidneys had been destroyed. After you were both placed on the operating room table by the doctors, you were hooked up to dialysis. Your kidneys will process the blood of your patient to maintain her health. Due to the victim’s unique blood type, it could take up to 9 months to find a suitable transplant kidney. They also inform that she must be connected to you for the entire period. She will likely die if you disconnect.
Mississippi law specifically prohibits you disconnecting from dialysis. The 9-month deadline has passed and you may return, but only after that.
Do you have any ideas on how to convince me of the existence of this hypothetical statute? It is notAn infringement of your freedom under the Due Process Clause If you’re unable to explain that, could you also tell us why Mississippi has an abortion law different from other states? It constitutionality?