Wandering Monk
Well-Known Member
There is no such thing as a right to abortion. No one is entitled to receive an abortion nor can the state compel a person to have an abortion. But, a person does, generally, have a right to refuse abortion (as a voluntary patient). In fact, a person, generally, has the right to refuse any medical operation or treatment (as a voluntary patient). Moreover, a doctor has the right to refuse to perform an abortion or other medical procedure (if the patient is not in immediate need of care).
States have the power to regulate abortions. In fact, the states have the power to regulate any medical procedure. This power is reserved to them by the 10th Amendment of the Constitution.
This means that a state has the power regulate abortions. A state can also ban medical procedures. This is why people are predicting that once the Supreme Court officially overturns Roe vs Wade, some states will outright ban abortion - because they have the power to do so.
So, what was the legal basis for opposing slavery in US states before the 13th Amendment was ratified?