The Fallacy of the ‘Federal Abortion Law’

This is a great learning moment that came shortly after I posted this ‘news item’ to my Facebook page:

“Oklahoma’s legislature has passed a bill criminalizing abortion procedures in the state. The bill would penalize anyone found to have performed an abortion with up to three years in prison and revoke the licenses of doctors who take part unless done to save the mother. Governor Mary Fallin has not said whether she’ll sign the bill into law.”

My friend Judy responded, “I’m all for less abortion, but that seems a little extreme.”

A while later another friend named Amy chimed in, “I agree with Judy. Also, how can a state law ignore federal law???”

My response wasn’t to address the states action about what’s considered ‘extreme.’ Rather I pointed out the true fallacy:

“The federal law doesn’t exist constitutionally. It is instead simply an opinion made by the SCOTUS, but never enshrined in the U.S. Constitution. Finally, the power is left to the states because of the 10th Amendment which states: “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.””

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