Editor’s Note: The following is an OpEd on the Supreme Court decision overturning Roe v. Wade on June 10 by Dr. Michael T. Goldstein M.D., J.D., who plans to primary fellow Jayme Stevenson, who received the Republican nomination to challenge Congressman Jim Himes, the incumbent Democrat representing the 4th District.
This morning (June 10) I read the entire opinion Dobbs et. Al v. Jackson Women’s Health Organization which overturned Roe v. Wade and Casey. In contrast to all the hype and hyperbole and soundbites, what the Court essentially said is that it was beyond their scope of power to make a decision on the abortion issue.
The Supreme Court determined in Dobbs that abortion is not a Constitutional right either under law nor by history and is not protected by the Due Process Clause of the 14th Amendment. Instead, the Supreme Court determined that it was up to the people through their legislators to decide the abortion issue.
This decision respects the 10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
What this ruling and the 10th Amendment means is that the voters in every state can decide to pass their own abortion laws through their own state legislators.
In Connecticut, whether or not you agree with the state’s current abortion law, it is up to the Connecticut legislators and governor to decide. Dobbs has no impact on Connecticut’s abortion laws. As a voter, if you are not happy with the law then you should go to the polls this November and elect legislators and governors that share you viewpoint.
I think we need to look at the science and medicine today that did not exist at the time of Roe v. Wade. Regardless of whether you are pro-life or pro-choice there comes a time when a fetus is so developed and has taken on human form that it is cruel and inhumane to painfully abort it.
This should be the next step in sane abortion policy. As a physician I am also bound by the Hippocratic Oath which is first to do no harm and that must be taken into account.
We also have to remember, there is also freedom to travel which is not restricted. For those who want abortions in states where there are none, such citizens are free to travel to another state to obtain an abortion.
If you believe in democracy then you should believe that legislators make the law and judges interpret the law. That is what this is decision and our government is all about.
This ruling will not affect Connecticut residents unless you change it at the polls.
— Dr. Michael T. Goldstein M.D., J.D.
Dr. Goldstein,
It may not be entirely so that Dobbs will not affect Connecticut residents. Dobbs only decided that there is no right to an abortion under the US Constitution. As a matter of state law, Connecticut is pro-choice. However, there has been talk of codifying Roe or prohibiting abortion, as a matter of federal legislation. Under the current makeup of congress and the presidency I don’t think this can practically happen, either way. However, in a press conference just given in Madrid, Biden said that Roe and the right to privacy should be codified and that if the filibuster in the senate gets in the way, and exception should be made for legislating the right of privacy.
If party control of congress and the presidency should shift, however, I imagine congress could legislate in another way, and there could be a possibility of federal legislation overriding Connecticut’s pro-choice status.
Should you be elected and continue in office when such a possibility could exist, your position on pro-life and pro-choice may matter to Connecticut voters. What is your position on whether, if it comes to a matter of federal legislation:
Abortion should be banned, without exception.
Abortion should be banned, subject to exceptions, as in rape, non-viable fetus, serious threat to the health of the pregnant woman, and any other exception.
If this should be the case, what are the exceptions and up to what point in a pregnancy for each.
A pregnant woman should be allowed absolute discretion to terminate her pregnancy up to some point in it.
If this should be the case, up to what point.